Lyon v. Robert Garrett Lumber Co.

This is an action by the receivers of the Kirby Lumber Company to recover a' balance claimed to be due for'lumber sold to the Robert Garrett Lumber Company. The trial was by the court, and a judgment was rendered for the defendant. Plaintiffs bring error.

Defendant is engaged in the lumber business at Leavenworth, and, in January, 1904, made a contract to furnish to the Atchison, Topeka & Santa Fe Railway Company certain lumber to be used in the erection of a building at Topeka. The railroad company was to transport free all material hauled over “the Santa Fe, proper,” designating Chicago,…