Simcala, Inc. v. American Coal Trade, Inc.

821 So.2d 197 (2001)

SIMCALA, INC.

v.

AMERICAN COAL TRADE, INC.

1000739.

Supreme Court of Alabama.

November 9, 2001.

James M. Sizemore, Jr., Montgomery; and James C. Grant and Owen T. Hill of Alston & Bird, L.L.P., Atlanta, Georgia "of counsel," for appellant.

Michael D. Ermert and Bruce J. McKee of Hare, Wynn, Newell & Newton, Birmingham, for appellee.

LYONS, Justice.

American Coal Trade, Inc. ("ACT"), commenced an action against Simcala, Inc., alleging a breach of contract arising from Simcala's failure to perform its agreement to purchase its estimated coal requirements from ACT. Following a bench…