Condley

Action to recover damages for the alleged breach of a contract by defendant. Judgment went for plaintiff, from which defendant appeals.

The material facts are that on May 12, 1919, plaintiff, by a written order addressed to defendant, directed it to deliver certain lumber and building material to a designated place for the purpose of constructing a bridge, and in said order agreed “to pay for said lumber and building material the sum of $1299.00 net as follows: % in 30 days from date—balance 30 Ds. thereafter,” which order was duly accepted in writing by defendant. While the. order was silent upon the subject, the parties stipulated that delivery of the material was to be made “when and as requested by plaintiff.”

Plaintiff made default in the payment of the amount, which, under the order was due and payable thirty days from the date thereof, and about June 30, 1919 (prior to which time defendant had without success sought plaintiff’s permission to. deliver the material), and during negotiations between the parties for the purchase of another bill of lumber from defendant, which plaintiff declined to make at the price offered, the latter stated that he was going to hold…