Champlin v. Jackson

This is an action of contract to recover for lumber sold and delivered. When the case was here before we held, that the defence of accord and satisfaction had not been made out. Champlin v. Jackson, 313 Mass. 487. The question now presented is whether the quantity of lumber sold is to be determined by surface measure, as the plaintiff contends, or by board measure, as the defendant contends.

There was evidence that the defendant, an experienced contractor, telephoned on March 11, 1942, to the plaintiff, “an extensive dealer in lumber,” and in answer to an inquiry was informed by the plaintiff…