Hendricks-Caskey Co. v. Franklin Lumber Co.

Parker, P. J.,

This is an action in assumpsit brought by the plaintiff against the defendant to recover the sum of $465.19 for the alleged breach of a contract between plaintiff and defendant for the sale and purchase of a quantity of Douglas fir lumber. The case was submitted to the jury, and a verdict was found in favor of the plaintiff for $219.34. Motions were filed by the defendant, both for judgment n. o. v. and for a new trial.

The sole question with which we are concerned arises under the 4th section of the Uniform Sales Act of May 19,1915, P. L. 543. At the trial, it appeared that L.…