Dan v. Testa Bros., Inc.

The parties to this appeal entered into agreements in writing by the terms of one of which plaintiff agreed to sell to defendant ail merchantable coal owned and mined by it in Noble county between July 17,1948, and July 16, 1949, for $2.45 a ton, less an allowance of 3 per cent for slate; and by the terms of the other of which defendant agreed to haul coal for plaintiff at a stipulated rate per ton.

Plaintiff sued defendant in the Court of Common Pleas to recover an amount allegedly due it from defendant for coal sold and delivered to defendant, less an amount due defendant for hauling coal…