McNEILL v. JACK


83 So.2d 704 (1955)

J.Y. McNEILL, trading and doing business as McNeill Lumber Company, Appellant, v. John R. JACK, Jr., trading and doing business as John R. Jack Lumber Company, Appellee.

Supreme Court of Florida, Special Division B.

Rehearing Denied December 19, 1955.


Attorney(s) appearing for the Case

E.D. Treadwell, Jr., and Treadwell & Treadwell, Arcadia, for appellant.

D. Frank Smoak, Jr., Punta Gorda, and Henderson, Franklin, Starnes & Holt, Fort Myers, for appellee.


THORNAL, Justice.

McNeill, who was defendant below, appeals from a judgment entered by the Circuit Court without a jury in favor of Jack, who was plaintiff below.

In April, 1951, McNeill, a wholesale lumber dealer in Jacksonville, placed with Jack, a lumber supplier in Punta Gorda, a purchase order for 50,000 feet of "genuine tidewater red cypress" lumber of stipulated grade, the purchase order expressly stating the price to be "F.O.B. Cars Mill" and further...

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