Schaecher

Defendants, lumber brokers, using their own form denominated “Mill Order,” contracted with plaintiff, a mill operator, for four carloads of certain described lumber. Subsequently the defendants orally requested 11 additional carloads upon the same terms and conditions as set forth in the original written mill order. Among other things the original order specified “No. 2 common and better WCLAG/s.” It appears that this specification was understood by the parties to mean that the lumber would all be Number 2 grade or better, and each piece was to be graded and stamped by an employee of the West Coast Lumbermen’s Association. The lumber was graded by an authorized association grader; however, he did not use an official stamp of the association but marked each piece with a crayon. Apparently this method of marking the grade on the individual pieces had been used in previous transactions between the parties. The lumber so ordered was shipped by plaintiff to certain designated points in Pennsylvania and New York. Five or more of the 15 carloads were sold at the price specified in the mill order. Although there is no direct testimony upon this point, it inferentially appears that the…