Trosper Coal Co. v. R. C. Tway Mining Co.

Opinion of the Court by

Judge Clarke

Affirming.

*355Appellant instituted this action to recover $4,625.11 for coal alleged to have been sold and delivered to appellee under a written contract of date May 25,1916, filed with and made part of the petition.

The contract provides for the delivery by appellant to appellee of 156 cars of nut and slack at sixty cents a ton, deliveries to be made at the rate of three cars a week beginning June 1st, 1916, and that “if at any time the credit of the buyer (appellee) should become impaired, unsafe or unsatisfactory to the seller (appellant) it should have the…