Capitol Lumber Co. v. Mullinix

Plaintiff sues defendant in an action of detinue to recover possession of certain lumber described in the complaint.

Plaintiff is a foreign corporation, and defendant owns and operates a sawmill in Pickens county, Ala. Plaintiff and defendant entered into a written contract by which the former agreed to buy, and the latter agreed to sell, all of the No. 1 and No. 2, common yellow pine lumber manufactured by defendant at his mill during the period between December 15, 1916, and January 1, 1918, running at its then capacity—the lumber to be cut, as to size and length, according to the…