Saginaw Lumber Co. v. Wilkinson

Defendant Wilkinson began the construction of a home and signed an undated agreement with Kerry & Way Lumber Si Manufacturing Company, covering material to be delivered to the job and containing in part the following language:

“And said first party agrees to deliver as requested by second parties the material desired from the within estimates at the price agreed ($-) according to the following terms of sale: All bills to be paid when loan is secured from Building and Loan Association, less 5 per cent, discount. * * * Negotiating for loan with Peoples Building & Loan Association for $ — —.”

First…