Cary v. McIntyre

On the 80th day of October, 1880, Gary, who was defendant below, and McIntyre, who was plaintiff below, entered into a written contract, by the terms of which McIntyre was to furnish and deliver to Cary at Gunnison two hundred thousand feet of good and merchantable lumber, of such kinds as Gary wanted, and two hundred thousand shingles. He was also given the privilege of delivering three hundred thousand feet of lumber in addition upon the same terms, if he should elect so to do; and was to “exercise all reasonable diligence in arriving at a speedy execution of the terms of the contract.” He…