Legal Opinion

Brister & Koester Lumber Corp. v. Turney

Emergency Court of Appeals

Decided August 25, 1949No. 507Published

1Opinion of the Court

LINDLEY, Judge.

Complainant is a wholesaler of Southern pine lumber who sold by “direct mill shipment” to its buyers. Although it purchased and took title to the lumber at the producing mill, it did not take physical possession of the commodity, but had it shipped by the mill directly to complainant’s purchasers. From the mill complainant itself received an invoice; to the prices charged it by the mill for the quántities and grades shown on this invoice, complainant, without verifying the propriety of the prices charged in the original invoice, added its charges and then sent its own invoice…

2Cases cited7 opinions

  1. Philadelphia Coke Co. v. BowlesEmergency Court of Appeals · 1943
  2. Lapinski v. CopacinoSupreme Court of Connecticut · 1944
  3. Crary v. PorterCourt of Appeals for the Eighth Circuit · 1946
  4. Speten v. BowlesCourt of Appeals for the Eighth Circuit · 1945
  5. Walsh v. GurmanSupreme Court of Connecticut · 1945

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