Durant Lumber Co. v. Sinclair & Simms Lumber Co.

The Durant Lumber Company bought a carload of lumber from one Wells, who was operating a mill business. The Sinclair & Simms Lumber Company cut the lumber and shipped it. The Sinclair & Simms Lumber Company, which for convenience we will herein call the Sinclair Company, brought suit in its own name against the Durant Lumber Company, which herein we will likewise call the. Durant Company. For original answer the defendant filed a general denial of the paragraph of the petition alleging indebtedness upon the account. To meet a contention of the plaintiff that Wells was acting as agent of the…