Columbus & Hocking Coal & Iron Co. v. See
Michigan Supreme Court
Error to Charlevoix; Mayne, J. Assumpsit by the Columbus & Hocking Coal & Iron Company against Llewellyn See and Karl Wardrop, co-partners as the Charlevoix Coal & Wood Company, for goods sold and delivered. Judgment for defendants. Plaintiff brings error.
1Opinion of the CourtBird, J.
Plaintiff brought this action to recover the contract price of a cargo of coal sold to defendants in the summer of 1908. In the trial court the defendants prevailed, and the plaintiff has assigned error.
The plaintiff, being desirous of selling coal to defendants, sent them a sample car of coal. It proved to be as represented, and defendants ordered a cargo. This also proved satisfactory, and later in the same year they ordered a second cargo, which is the one in question. The order for the last cargo was as follows:
“August 26, 1908.
*‘The Columbus & Hocking Coal Co.,
“Columbus, Ohio.
‘'…
2Cases cited5 opinions
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