King v. Herbert Bauman Lumber Co.

Opinion op the Court by

Judge Rees

Affirming.

On January 15, 1925, appellee, Herbert Bauman, doing business as the Herbert Bauman Lumber Company, purchased from appellants 25,000 feet of lumber of a specified description, known as “flitches,” at $95 per 1,000 feet, f. o. b. cars, Paducah, Ky., terms to be cash less 2 per cent, within 10 days. The" lumber was to be delivered within 10 or 15 days thereafter.

On January 23, 1925, appellee wrote to appellants inquiring as to when delivery would be made, and, receiving no answer, again wrote on January 30, 1925. On February 3, 1925, appellants…