Victoria Lumber Co. v. Montgomery

Plaintiff brought this suit to recover $5,748.58 from the defendant, an amount paid without consideration. Plaintiff is a manufacturer of lumber, and buys timber for supplying its mill. On the 18th day of April, 1903, it entered into a written contract with G. E. Montgomery, of the firm of Montgomery-Eerguson & Co., who assumed to act for the firm, whereby he sought to bind the firm to sell to plaintiff 2,230 acres of land, known as the Barbe land, for the sum of $7,000. After this agreement had been entered into between plaintiff and G. E. Montgomery, plaintiff executed 10 promissory notes…