Legal Opinion

Columbia River Door Co. v. H. F. Cady Lumber Co.

Nebraska Supreme Court

Decided December 4, 1914No. 17,952Published

Appeal from the district court for Douglas county: Willis G. Sears, Judge.

1Opinion of the CourtBarnes, J.

This was an action to recover the price of a car-load of lumber shipped by the Columbia River Door Company to the H. P. Cady Lumber Company in August, 1907, and billed by plaintiff to Tidball & Company at Morefield, Nebraska. The defendant refused to pay for the shipment, alleging that it did not accept the lumber because it was not what was ordered; that it was defective in kind and quality, and in fact was not merchantable. The cause was tried to a jury, and a verdict was returned for the defendant. Judgment was rendered on the verdict, and the plaintiff has appealed.

It appears that the…

2Cases cited6 opinions

  1. Lenz v. BlakeOregon Supreme Court · 1904
  2. Schwartz v. Church of Holy CrossSupreme Court of Minnesota · 1895
  3. Bryant v. ThesingNebraska Supreme Court · 1895
  4. Armstrong v. Columbia Wagon Co.Superior Court of Delaware · 1907
  5. Graves v. W. V. Morse & Co.Nebraska Supreme Court · 1895

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