William E. Russell Coal Co. v. Vesta Mines, Inc.

The William E. Russell Coal Company sued the Vesta Mines, Incorporated, in the Denver district court, to recover damages for breach of warranty arising out of the sale of a second hand box car coal loading* machine purchased by plaintiff from defendant. Plaintiff here seeks to review a judgment of nonsuit, contending that the admission of a certain exhibit, erroneously excluded, would have proven its case.

Prior to the sale and delivery of the machine and on the 26th day of July, 1926, plaintiff was given a 15-day option to purchase the machinery here involved. Thereafter and on the 3rd day of…