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to rescind and void the said agreement, and thereafter the said
Hurlbut paid this claimant for all materials which they had furn-
ished him under the said agreement.

That after after the rescinding of said contract said Hurlbut or-
dered from this claimant a large amount of building material to
be used in said bulding, and this claimant furnished the same to
him for said purpose, without any agreements being made as to
price or as to the time of payment or as to terms.

The said materials thus furnished to said Hurlbut consisted
of a general assortment of building materials, to wit:

Pine lumber surfaced with one edge; pine lumber rough; pine
lumber tongued and grooved; pine lumber surfaced on one side and
one edge; pine lumber surfaced on four sides.

That the said material was delivered to him between the 5th
day of April, 1900, and the 3rd day of February, 1901; and was
at the time delivered of the reasonable and market value of
$4715.45.

That there was credited to said Hurlbut on account lumber
returned which was of the reasonable and market value of $577.35.

That there was credited to him for money paid thereon by
himself prior to March 7th, 1901, the sum of $1,103.27;

That there was subsequently credited to him on account of
money paid by Silas Palmer the sum of $1,487.20, making a total
credit of cash paid of $2,590.47, and a total credit of all
kinds of $3,167.82, leaving a balance of $1,547.63, and there is
now due, owing and unpaid on account of said materials thus furn-
ished to said Hurbut for use in said building the sum of
$1,547.63, after deducting all just credits and offsets.

That after the assignment of said contract to Palmer as
aforesaid, said Palmer and this claimant entered into an agreement

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