JETERO CONST. CO., INC. v. SOUTH MEMPHIS LUMBER CO.

Nos. 75-1566, 75-1567.

531 F.2d 1348 (1976)

JETERO CONSTRUCTION COMPANY, INC., Plaintiff-Appellee, v. SOUTH MEMPHIS LUMBER COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 2, 1976.

As Amended March 29, 1976.


Attorney(s) appearing for the Case

Scott F. May, Arnoult, Hill & May, Memphis, Tenn., for defendant-appellant.

Kemper B. Durand, Rosenfield, Borod, Bogatin & Kremer, Memphis, Tenn., for plaintiff-appellee.

Before CELEBREZZE, PECK and ENGEL, Circuit Judges.


CELEBREZZE, Circuit Judge.

In April of 1973 South Memphis Lumber Co. (SML) contracted to supply Jetero Construction Co. (Jetero) with 60,000 "2" x 4" x 92 5/8" # 2 spruce studs" to be used in the construction of the Audubon Square condominium project in Memphis, Tennessee. Delivery of the studs began on May 4, 1973 and ended on May 23, 1973. A total of 64,412 studs were delivered, the quality of the first 16,000 studs delivered which had ends painted with red paint...

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