Standard Lumber Co. v. Hosmer

This case was submitted to the jury upon the fourth count alone, which was for work and labor done by the plaintiff for the defendant. Under this count the plaintiff was entitled to recover as for any commissions due him for lumber sold and collected for by the defendant, less, of course, any advances or payments previously made him by the defendant.

As to the plaintiff’s right to recover for profits on lumber not shipped and sold under the Chesapeake & Ohio Railway Company order, a different question arises. It is, of course, the rule that when money is due under an express contract and…