Albion Lumber Co. v. California Bridge & Construction Co.

Appeal from order denying defendant’s motion for a new trial. The motion was made on the ground of insufficiency of the evidence to justify certain findings. The labor of the court in this case is very greatly reduced by the frank admission on the part of the counsel for appellant that upon all points save one. there was a substantial conflict of testimony. The suit is to recover a balance of $486.04 alleged to be unpaid upon an account for lumber furnished defendant by plaintiff for certain work done by defendant at San Rafael. The defendant claims that the court should have all-owed defendant a credit for $183.92, loss upon cer *240 tain piles furnished defendant by plaintiff, through one Pierce, for a job done by defendant near Fresno.

Upon this point the testimony of A. W. Burrell was to the effect that plaintiff agreed to furnish for the Fresno job, among other things, piles; that before the piles were shipped defendant was to have been notified, so that the piles might be inspected at San Francisco; that defendant was so notified, save as to two carloads, twenty-four piles in number, and that after the shipment of these two carloads, and before delivery at Sanger (a point…