Del-Carbo Coal & Coke Co. v. Cunninghame

Lively, Judge:

This is an action of assumpsit to recover from defendant about $12,000 due plaintiff for moneys arising out of a contract for purchase of coal entered into and performed between plaintiff and Clinchfield Fuel Company “as agents.” Defendant owned all of the stock of Del-Carbo Coal & Coke Company, which he sold to Deegans on March 2d, 1917, reserving the benefit of all existing contracts of the^ Del-Carbo Company except contracts for royalties. At that time a contract existed between Del-Carbo Company and Clinchfield Fuel Company “as agents” by which the latter had sold to the…