Hartman Coal Co. v. William J. Howe Co.

This is an action for damages alleged to have been suffered by the plaintiff by reason of the defendant’s refusal to accept two cars of coal ordered under a written contract.

The defendant pleads as a defense a cancellation of the contract on the ground of_late delivery. Defendant also pleads a counterclaim based upon failure to deliver the coal by which defendant lost the profits on a resale to another dealer. The written instrument upon which plaintiff’s case is based is dated January 28, 1926, and purports to show the terms upon which the coal was to be sold by plaintiff and bought by…