Hayden v. Hoxie

This was an action for the balance claimed to be due for lumber sold by appellees to appellants, and which they had received and disposed of. The sale was in Wisconsin, at $10 per thousand feet, on the cars. There was no explicit agreement between appellants’ agent and one of the apjiellees, between whom the bargain was made, as to inspection before loading, but there was conversation which implied that the appellees would have it properly done, and only ship such as would pass as “ common or better,” and yet the agent of the appellants testifies, “ I did not intend to take his (mean, ing one…