
    Louisville Lumber Company, Respondent, v. Claremont E. Smith et al., Appellants.
    
      Louisville Lumber Co. v. Smith, 157 App. Div. 884, affirmed.
    (Argued December 9, 1915;
    decided January 4, 1916.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 6,. 1913, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court-The complaint alleged that the plaintiff and defendants were members of the National Hardwood Lumber Association, having rules for the measurement and inspection of lumber by which the members of the association agreed to abide in their dealings; that a carload of lumber was sold and delivered by plaintiff to defendants of the value, less freight, of $636.49; that after such delivery the defendants ordered a reinspection pursuant to the rules of the said association, which inspection showed a reduction in money value of less than four per cent, whereby the original inspection was sustained, and the defendants became liable for the expenses of the reinspection and for payment of the car of lumber. The answer denies material portions of the complaint, and as a defense and counterclaim alleges that the defendants purchased a carload of lumber of plaintiff from a particular stock, but that the lumber delivered was not the lumber so purchased; that defendants paid the freight and other expenses and were entitled to recover for storage, in an amount aggregating $166.06.
    
      Archibald Howard for appellants.
    
      Thomas B. Merchant for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Chase, Collin, Hogan, Seabury and Pound, JJ.-  