Enterprise Foundry & MacHine Works v. Miners' Elkhorn Coal Co.

Opinion op the Court by

Judge Richardson

Eeversing.

The Enterprise Foundry & Machine Works on January 31, 1923, was a corporation with its residence at Bristol, Tenn.-Va., engaged in selling completely equiped mining cars. On the same day the Miners’ Elkhorn Coal Company was a corporation engaged in the mining of coal with its chief office at Paintsville, Ky.

On January 31, 1923, the Enterprise Foundry _ & Machine Works, by written contract executed and delivered by it to, and accepted by, the Miners Elkhorn Coal Company, sold and agreed to deliver to it 27 mine cars complete, f. o. b. at…