Huddleston v. Lumber

HALL, Chief Justice.

The appellants, O. M. and G. E. Huddleston, a partnership, had contracted with the commissioners’ court of Gray county to construct a bridge across the north fork of Red river in said county. They purchased from the ap-pellee company certain lumber which is described in plaintiff’s petition. The written order requests the appellee company to ship the materials described therein “subject ,to State highway specifications to be tested by Pittsburgh laboratories.” This order was made through the appellee’s agent at Dallas, Tex., and contains the following request: > “Please…