Walter Wallingford Coal Co. v. Cuyahoga Builders Supply Co.

This is an action on a contract. In August, 1919, the Cuyahoga Builders Supply Company, through its representative, Eben S. Martin, called on the Walter Wallingford Coal Company, for the purpose of purchasing coal.

The petition recites that the plaintiff entered into a contract with the defendant by the terms of which the plaintiff agreed to buy and the defendant agreed to sell 100 cars Hocking Deep Mined Nut and Slack coal, first quality coal, standard preparation, to be delivered as per plaintiff’s order, at the price of $1.15 per ton, f. o. b. mines; that the plaintiff requested the…