White Pine Lumber Co. Inc. v. Madsen Peterson

This is an appeal from an order denying a new trial.

Plaintiff sued to recover $646.25, balance on two carloads of lumber sold to defendant. Defendant concedes the purchase and nonpayment, but pleads a counterclaim in excess of plaintiff’s claim. Defendant claims a breach of warranty as to quality of the lumber. The contract of sale was made in Minneapolis relative to lumber in Wisconsin to be delivered at Kenosha, Wisconsin. One car was delivered March 14, 1923, and the other April 10, 1923. Defendant notified plaintiff on April 27, 1923, of its claim.

G. S. 1923, § 8423, provides that…