Shomaker Lumber Company, Inc. v. Hardwood Sales & Planning Services, Inc.

This appeal arises out of a dispute between a buyer and seller of lumber. The seller filed suit against the buyer alleging a right to recover in breach of contract, quantum meruit, and/or quantum valebant for an outstanding balance owed on several shipments of lumber. The trial court determined that the buyer accepted approximately half of the disputed shipments due to its failure to timely reject the initial deliveries but was not liable for additional shipments that it timely rejected. The trial court, however, did not address whether the buyer revoked its acceptance of the initial shipments or whether the buyer was entitled to reimbursement for expenses incurred in an attempt to salvage the rejected shipments. Because the parties tried these issues by consent, the order appealed is not a final judgment and the appeal must be dismissed.