COOS LUMBER CO. v. BUILDERS SUPPLY CO.

No. 5216.

105 N.H. 323 (1964)

COOS LUMBER COMPANY v. BUILDERS LUMBER AND SUPPLY CO.

Supreme Court of New Hampshire.

Decided March 31, 1964.


Attorney(s) appearing for the Case

George H. Keough (by brief and orally), for the plaintiff.

Robert Shaw and James J. Burns (Mr. Shaw orally), for the defendant.


DUNCAN, J.

The contract between the parties called for delivery by December 31, 1960 of "approximately" two and a half million feet of spruce logs twelve to sixteen feet in length, with minimum diameter of eight inches. The contract price was sixty dollars a thousand, or $150,000 for the stated quantity. The plaintiff's evidence tended to show a cost of production of $37.33 per thousand, or $93,325 to produce two and a half million feet.

The defendant's evidence...

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