Holmes v. Stearns Lumber & Export Co.

Stearns Lumber & Export Co., brought an action at law against E. P. Holmes and Fred Herrick, partners under the firm name of Holmes & Herrick, whereby it was sought to recover damages alleged to have been caused the plaintiff by the failure of the defendants to comply with the terms of a certain contract relating to the sale and delivery of lumber by plaintiff to defendants. The questions presented here for determination relate exclusively to certain rulings made on the pleadings. Both the plaintiff and defendants would seem to have been afforded every opportunity for perfecting and filing…