Amos v. Walter N. Kelley Co.

At a named price defendant, a dealer in lumber, made an offer to purchase-of plaintiffs 50,000 feet of hard maple No. 1, common or better, to grade 50 to 60 per cent. FAS (1st and 2d), to be dry unless otherwise specified, which was otherwise specified in the contract by the provision “stock to be put in pile before November 1, 1920, and shipped out from, time to time when 60 days dry,” the undisputed testimony showing that lumber in pile or “on the sticks,”' an expression used by the trade, for that period is green lumber. The offer provided that inspection was to be made by an inspector of…