Boston Lumber Co. v. Pendleton Brothers, Inc.

Maltbie,- J.

The defendant purchased of the plaintiff in November or December, 1919, ninety thousand feet of lumber, and a little later, an additional forty-five thousand feet, this lumber consisting of timbers required to average sixty feet in length, and in its other dimensions to measure, some, six inches by sixteen, some, six inches by fourteen, some, twelve inches by twenty, and some, six inches by twelve. Three shipments, consisting in all of about eighty-seven thousand feet, were received and paid for by the defendant. Two other shipments were refused by the defendant when they arrived…