Blair-Parke Coal & Coke Co. v. Fiedler-Davis Fuel Co.

Millek, Judge.

This suit in assumpsit was brought to recover the price of two cars of coal purchased by plaintiff from defendant and paid for, but which were not delivered to plaintiff’s customer designated in the contract for sale and purchase. The purchase price of the coal was $1,653.60. The jury returned a verdict in favor of plaintiff for $1,150.00, which the trial court, on motion of defendant, set aside. From the order setting- aside the verdict and granting defendant a new trial, the plaintiff obtained this writ of error.

The plaintiff is a corporation located in the city of…