Hayday v. Hammermill Paper Co.

After verdict for plaintiff in this.action for breach of a contract for the sale of pulpwood, defendant appeals from an order denying its motion for judgment notwithstanding the verdict or a new trial.

Plaintiff is the assignee of Hughes Brothers Timber Company, a copartnership, hereinafter designated as the sellers. Under date of October 12, 1923, they entered into a written contract with defendant, sometimes herein referred to as the buyer, for the sale of 20,000 cords of pulpwood. As to quality the contract stipulated that the wood Avas to be 90 per cent or more spruce and 10 per cent or…