Dedham Lumber Co. v. Hartung

This is an action of contract for the price of lumber furnished by the plaintiff and used in buildings in which the defendant had an interest. No question of price or delivery was made. The questions for the jury were whether the defendant agreed to pay for all or a part of the lumber, and whether the giving of a check of $712 by the defendant and its use by the plaintiff constituted an accord and satisfaction. After a verdict for the full amount claimed by the plaintiff, the case is before us upon exceptions saved by the defendant to the refusal by the trial judge to give certain…