Dudley v. Carter Red Ash Collieries Co.

The plaintiff brought his action of assumpsit against the defendant to recover damages for failure to deliver according to contract certain coal which he had purchased of the Domestic Coal Company. The declaration contained the general counts and two special counts. The special counts set out, in varying form, the contract between the plaintiff and the Domestic Coal Company, and averred that the latter company had, in due form, changed its name to that of the Carter Red Ash Collieries Company, and that this company had assumed and taken over all existing contracts of the said Domestic Coal…