Way v. Waters-Tonge Lumber Co.

Action in assumpsit by appellee against appellant to recover damages for failure of the defendant to ship four separate cars of lumber, contracted to be sold by defendant to the plaintiff. The orders for the lumber were given in the months of November and December, 1917. The price was fixed as f. o. b. the cars at Thomaston, Alabama, the shipments to be made “at once” as to some of these orders and within 30 days as to others. This was during the period of federal control of the railroads, and the movement of ears was subject to government authority, as shown by the proof, and of which the…