Officer

This is an appeal from the judgment and from an order denying a motion for a new trial.

The action was brought to recover judgment for an amount alleged to be due on a shipment of lumber. The parties agree as to the sum that is unpaid, but the appellant contends that the bill was not due when the suit was commenced. It is conceded that, under a custom prevailing in the lumber business,' the sale was at sixty days’ time, but the action was begun within that period. The respondent justifies the early prosecution of the suit under an alleged custom of the business, supplementary to the custom that sales are at sixty days, to the effect that if a buyer is sued by any creditor on any account before the expiration of sixty days after a given sale of lumber, the bill immediately becomes due. Evidence was introduced tending to show that an action had been filed against the appellant by a certain plaintiff within sixty days after the sale to appellant and before the commencement of this action, and evidence of the alleged custom was also réeeived.

The appellant makes the contention that the findings are not supported by the evidence in two respects. The first of these is that there was…