Craig Coal Mining Co. v. Romani

MONTEMURO, Judge:

This appeal lies from an Order granting summary judgment.

Appellant, Craig Coal Mining Company, through its president, Robert Woods, contracted with appellee, Frank Roma-ni, for the sale of a “4500 Manitowac Dragline”, a piece of machinery used in strip mining. The agreement was based on a mailgram offer of sale to appellee wherein time was made of the essence in performance of both buyer’s and seller’s obligations. The acceptance contained a date certain for the closing, at which appellant was to transfer clear title to the machine. This required delivery of a release of lien…