Wilkie v. Dean

DAVIS, Justice.

C. R. Wilkie, d/b/a Wilkie Lumber Company, sued J. E. Dean, d/b/a Dean Lumber Company, alleging a breach of an oral contract made by defendant with the plaintiff to deliver to plaintiff, or his order, oak lumber of a certain size, thickness and specifications. Plaintiff took the position in the trial court and takes the position in this court that the contract was for oak lumber 3x4 inches planed to 2% x 3% inches, and that defendant delivered to plaintiff 60,752 feet of oak lumber under such contract which was planed to 2% x 3% inches. There was no specific length for such…