Johnston v. Lanter

The opinion of the court was delivered by

Johnston, C. J.:

Early in 1909 the defendant, Lanter, received a shipment of three cars of lumber, ordered by him from the Cummings-Moberly Cypress Company, part of which consisted of 79,500 laths, at $4.40 a thousand. Various amounts had been paid upon the account with the cypress company, the last payment being $996.10 on June 23, 1909, and a balance of $355.80 was still due, which was assigned to the plaintiff, O. H. Johnston. Lanter’s defense was that the laths shipped were not No. 1 cypress, which the company had sold and agreed to ship. It appears…