Guernsey

This was an action for damages for the breach of a contract to buy lumber. The contract provided that the defendant should buy all the lumber “of good, merchantable quality” which should be manufactured by the plaintiff during the year 1888 at his mill in San Bernardino County, and contained the following clause:—

Under this contract, the plaintiff delivered lumber to the defendant until the middle of August, and, with certain unimportant exceptions, the defendant received and paid for the lumber so delivered. About that time the employees of the defendant informed its general manager that some of the lumber which was being delivered was not thick enough, and he instructed them “to have it remedied.” No order for any particular size was given to the plaintiff; but he was informed that the lumber he was sending was too thin. He promised to attend to the matter, and his men continued to deliver lumber to the defendant, and the latter to receive and pay for it, until September 20th, when the plaintiff was notified that no more lumber would be received. The plaintiff thereupon sold the remaining lumber to other parties, and brought this action to recover the difference in price. The…