Penn Lumber Co. v. Hanover Bending & Manufacturing Co.

Opinion by

Keller, J.,

Plaintiff brought this action of replevin for a carload of beech lumber. Defendant gave a counter-bond and retained the lumber. Plaintiff obtained a verdict for its value. The court entered judgment non obstante veredicto in favor of the defendant.

The relevant facts were in writing and may be summarized as follows: On January 31st defendant ordered a carload of 2" beech lumber, to grade 75% No. 1 common and better, 25% No. 2 common, to be delivered at Hanover, Pa., @ $70' per thousand feet f. o. b. Hanover, Pa. Plaintiff accepted the order, on February 1st, terms, freight…