Baker-Matthews Lumber Co. v. Lincoln Furniture Manufacturing Co.

In April, 1923, the Baker-Matthews Lumber Company, plaintiff, sold to the Lincoln Furniture Manu*16factoring Company, defendant, a bill of lumber to be delivered in July following at its factory in Bristol, then in the course of construction. Plaintiff charges that the defendant afterwards refused to accept this lumber. There was a resale at purchaser’s risk and cost, which resale resulted in a loss of $850.00. The loss so sustained is the basis of this action.

At the first trial there was a verdict and judgment for the defendant. That case then came before us on a writ of error and is reported…