Barden v. Iroquois Pulp & Paper Co.

The parties made two contracts for the sale and delivery of pulp wood. The wood provided for in the first contract was delivered and paid for and a substantial amount of the wood provided for in the second contract was delivered and paid for. When each installment delivery was made the defendant culled out a small percentage of wood not in accordance with the specifications, *455and deducted from the invoice of the shipment the contract price of the culled wood. Numerous complaints were made by the defendant that the shipments contained knotty wood, and on November 10, 1930, the defendant wrote…