Peirce v. Closterhouse

Plaintiffs bring assumpsit on the common counts for a bill of lumber used in the construction of a house OAvned by defendant.

The house Avas built under a contract with one Cultice, who agreed to furnish all the materials. Some time prior to the letting of the contract, one Quackenbush, who had been in the lumber business on his own account, met defendant on the street, and asked him if he intended to build any houses during that summer. Defendant replied that he did, whereupon Quackenbush asked if he could not furnish him the lumber. The conversation was then interrupted. At another…