Pierce v. Walton

Appellants were coal merchants at Peoria, Illinois, with a branch office at Evansville, Indiana. Appellees were coal miners and merchants at Pittsburgh, Pennsylvania, and sold a large quantity of coal to appellants, to be delivered to them at Evansville. The coal so sold was to be shipped to appellants in barges via, the Ohio river, and to be delivered at such time or times as the stages of the river would permit. A tow of ten barges of coal was delivered in June, 1891, which was received and paid for by appellants. It was contended by appellees that on account of the low water in the river,…