J. E. Smith & Co. v. Russell Lumber Co.
Supreme Court of Connecticut
Action to recover damages for breach of contract to deliver two car-loads of lumber, brought to the District Court of Waterbury and tried to the jury before Beasley, J.; verdict and judgment for the defendant, and appeal by the plaintiff.
1Opinion of the CourtThayer, J.
The complaint states the following facts: On December 16th, 1904, the plaintiff, a retail lumber dealer in Waterbury, and the defendant, a wholesale lumber dealer in New Haven, mutually agreed that the latter should deliver to the former two car-loads of lumber known as roofers, at $16.50 per thousand feet. The usual course of dealing between them had been for the plaintiff to order lumber of the defendant, who then purchased it and had it shipped in the defendant’s name to Waterbury. When the lumber arrived the defendant gave an order on the railroad company to deliver it to the plaintiff,…
2Cases cited3 opinions
- Harris v. City of PhiladelphiaSupreme Court of Pennsylvania · 1893
- Smith v. PhippsSupreme Court of Connecticut · 1894
- Leach v. BeardsleeSupreme Court of Connecticut · 1852
3Cited by8 opinions
- United States v. Stanolind Crude Oil Purchasing Co.Court of Appeals for the Tenth Circuit · 1940
- Boucher v. GodfreySupreme Court of Connecticut · 1935
- Holder v. SwiftCourt of Appeals of Texas · 1912
- Olesen v. BeckanstinSupreme Court of Connecticut · 1919
- Boyce v. Merchants Fire Insurance Co.District Court, D. Connecticut · 1962
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