Larkin v. Mitchell & Rowland Lumber Co.

The plaintiff-in 1876, and during several years before, was engaged in making lumber and shingles at Midland, and the defendant, an Ohio corporation, was a large dealer and accustomed to buy and sell a great quantity every year, and prior to the transaction out of which the present controversy arose the plaintiff had sold several lots of shingíes to the defendant, and so far as appears, the business had been managed with mutual satisfaction.

August 31, 1876, defendant’s secretary wrote to plaintiff from Toledo, saying:

“We thought XXX 18-inch at $3.00 here was pretty near bottom, but missed it…