Gunn & Co. v. Monarch Coal & Coke Co.

Opinion of the Court by

Judge Clay

Reversing.

On August 9,1916, the Monarch Coal and -Coke Company, a corporation, entered into a contract by which it agreed to furnish the Lower Hignite Coal Mining Company, another corporation, two cars of nut and slack coal per week until April 1, 1917, at the price of 80 cents per ton, f. o. b. mines. The Monarch Coal and Coke Company furnished only a small quantity of the coal and failed and refused to furnish the balance. In the year 1920, W. E. Gkmn & Company became the owner of all the property of the Lower Hignite Coal Mining Company, including all…