Moorer v. Leland Lumber Co.

Citations

• 95 Miss. 503
• 48 So. 621

Syllabus

<p>1. Contract. Building material. Sale of specified -lumber to otoner of house. Delivery of extra lumber to builder.</p> <p>Where the contract between the owner and a builder estimated and specified the lumber necessary for use in the erection of a house and a lumber dealer agreed to furnish the same to the builder at a certain price on the owner’s credit, and the dealer furnished only a part of it, he may recover of the owner the unpaid portion of the value of the lumber embraced in the estimate and furnished by him.</p> <p>2. Agreement oe Counsel. Construction.</p> <p>An agreement of counsel, that certain written memoranda introduced in evidence by the plaintiff showed that a definite amount of lumber was furnished under an “estimate,” did not refer to the extra lumber for which the suit was brought, not embraced in the “estimate.”</p>