West Virginia Coal & Coke Corp. v. Kokomo Sanitary Pottery Corp.

Appellant brought this action against appellee to recover the contract price for 19 carloads of coal sold and delivered to appellee for use in its manufacturing plant located at Kokomo, Indiana, where it was engaged in the business of manufacturing pottery.

To the complaint appellee filed answer in three paragraphs, the first in general denial, the second and third affirmative in character, to which affirmative paragraphs the appellant replied by á general denial. The second and third paragraphs were pleaded as counterclaims, and proceeded upon the theory that appellant knew the coal purchased…