Corbett v. Winston Elkhorn Coal Co.

(after stating the facts as above). [1-4] It is claimed upon the part of the coal company that the contract of November 28, 1919, was not a contract for the sale and purchase of coal, but merely a sales agency contract. The first paragraph of this contract read as follows:

“E. J. Corbett, Detroit, Mich., agrees to buy from the Winston Elkhorn Coal Company, of Kegina, Ky., and Winston Elkhorn Coal Company agrees to sell to E. J. Corbett the output of Kewanee and Winright mines.”

Courts do not make contracts for parties, and it is a rule of construction that, where the language used in a contract…