A. J. Neimeyer Lumber Co. v. Burlington & Missouri River Railroad

I do not concur in the judgment just rendered. There is no controversy as to the material facts. Simpson, Perkins & Co. were wbolesale dealers in lumber at Dallas, Texas, from whom C. N. Deitz, without plaintiff’s knowledge, before January 8, 1892, ordered 20 cars of lum-. *344ber to be delivered to himself at Omaha. Simpson, Perkins & Oo. thereupon'sent a letter, inclosing order for the 20 cars of lumber, to the plaintiff, the A. J. Neimeyer Lumber Company, at'Waldo, Arkansas. The letter is as follows:

“Dallas, Texas, Jan. 8, 1892.

“A. J. Neimeyer Lumber Company, Waldo, Arle. — Gentlemen: We…