City of Owensboro v. Kelley

Opinion op the Court by

Judge Clay-

Affirming.-

Owensboro, a- city of the third class, owns and operates an electric light plant. In the month of .July, 1922, it purchased from A. IT. Kelley and Fount Crowe three carloads of coal at the price'of $6.-50 per ton, to be used in the operation of its plant. The coal was delivered on Friday night. The next day two of the cars were unloaded by shoveling the coal into a conveyor from which it was dumped into the coal bin at the plant. On complaint of the city, the sellers took back the car of coal that had not been unloaded, and offered to take back the…