Brodhead-Garrett Co. v. Davis Lumber Co.

Lively, Judge:

On demurrer to plaintiff’s bill the trial court decided that the bill was insufficient, and has certified its decision for review.

A suit at law arising out of a purchase of a carload of chestnut lumber by Brodhead-Garrett Company from Davis Lumber Company in February, 1920, was pending in the Circuit Court of Upshur County, in which Davis Lumber Company was suing for the purchase price of the lumber sold. The gist of the defense was that the lumber was not the kind purchased under the contract of sale and purchase, and hence defendant was under no obligation to pay. Pending the…