Fidelity Fuel Co. v. Martin Howe Coal Co.

EVAN A. EVANS, Circuit Judge.

Plaintiff brought this action to recover damages for alleged breach of contract. The District Court directed a verdict for defendant, and this writ of error is to review the judgment dismissing the action. More specifically stated, the question for us to determine is whether.the evidence justified the court in submitting’to the jury two questions: (a) Did the parties enter into a contract? And, if so, (b) was defendant’s refusal to deliver the coal thereunder justifiable ? Other issues, such as damages, etc., were clearly for the jury-

Defendant is a Chicago coal…