Dwyer Lumber Co. v. Murphy Lumber & Supply Co.

HAMITI7R, Justice.

Dwyer Lumber Company, Inc. instituted this suit to recover from Murphy Lumber and Supply Company, Inc. the sum of $3,353.87, this being the alleged balance due for certain lumber sold and delivered. Answering, the defendant first generally denied the allegations of the petition and asked that plaintiff’s demands be rejected. But in a supplemental answer it prayed alternatively that it “be allowed a diminution in the amount (demanded) of $2,000 under the doctrine of quanti minoris.”

Following trial the district court rendered judgment in favor of plaintiff in accordance with…