R. E. Hamilton & Sons Co. v. Moss-Jellico Coal Co.
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern District of Kentucky; Andrew M. J. Cochran, Judge. Action by the R. E. Hamilton & Sons Company and others against the Moss-Jellico Coal Company for breach of contract. Judgment for defendant, and plaintiffs bring error.
1Opinion of the Court
KNAPPEN, Circuit Judge.
On various dates from August 7, 1916, to September 5, 1916, both inclusive, plaintiff’s assignors, who were jobbers and brokers in coal at Detroit, sent defendant, a coal-mining company in Kentucky, eight separate written orders for specified amounts and kinds of coal, aggregating 111 cars, in response to seven of which orders defendant made shipments aggregating 11 cars; no shipment being made in response to the eighth order. This action was brought for defendant’s failure and refusal -to deliver the remaining 100 cars; plaintiff asserting an unconditional contract to…
2Cases cited2 opinions
- Robinson v. Van HooserCourt of Appeals for the Sixth Circuit · 1912
- Pugh v. Bluff City Excursion Co.Court of Appeals for the Sixth Circuit · 1910
3Cited by4 opinions
- McBoyle v. United StatesCourt of Appeals for the Tenth Circuit · 1930
- United States v. AppleCourt of Appeals for the Eighth Circuit · 1923
- East Harlan Coal Co. v. R. E. Hamilton & Sons Co.Court of Appeals for the Sixth Circuit · 1922
- McBoyle v. United StatesCourt of Appeals for the Tenth Circuit · 1930