Ross v. Lake & Export Coal Corp.

POEEENBARGER, PRESIDENT:

The- order complained of on this writ of error, set aside a verdict for $61,685.99, found in an action of assumpsit, in which recovery of damages is sought, for breach of a contract by which the defendant agreed to take and pay for all of the coal produced by the plaintiffs, from their mine, within the period of one year, commencing October 8, 1920, at the price of $8.00 per ton.'

In the brief filed to sustain the ruling complained of, there is no denial of the sufficiency of the evidence to prove the contract alleged and the breach thereof, as found by the jury;…