Highsmith v. . Ewing

Per Curiam.

The legal questions involved are not altogether free from difficulty, albeit the Challes R. Barnes Lumber Company, who has received payment for the lumber in question, is not a party to the action. Plaintiff omits to explain why he declined to fill the order for the Barnes Lumber Company when he had the needed lumber on hand. Nevertheless, all disputed matters were submitted to the jury and resolved in favor of the plaintiff. It would seem that the verdict might well have been otherwise. However, the issue was for the jury. No doubt the defendant’s failure to protect himself by refusing to pay the lumber company after notice of plaintiff’s claim had much to do with the result. The exceptive assignments of error are apparently insufficient to warrant a new trial. The verdict and judgment will be upheld.

No error.