Tomlinson Lumber Sales, Inc. v. J. D. Harrold Co.

Otis, Justice.

Plaintiff asserts a cause of action for money due and owing from the sale of lumber furnished defendant for the construction of housing. Defendant counterclaims for breach of warranty and fraud. The jury awarded plaintiff $52,748.65, which was the precise balance plaintiff claimed. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appeals.

Defendant is a partnership which late in 1956 or early in 1957 contracted to erect 300 homes at Hoyt Lakes for Erie Mining Company at a cost exceeding $3,265,000. Having previously had…