J. & G. CONSTRUCTION CO. v. Freeport Coal Co.

Haymond, Judge:

The decision of the controlling' question presented by this appeal will determine the proper application of three payments by the defendant, Freeport Coal Company, a corporation, upon certain indebtedness of the defendant which re-*564suited from its sale, as a broker, during the month of December 1946, of a quantity of coal produced by the plaintiff, J. &. G. Construction Company, a corporation. After repeated unavailing requests of the plaintiff for payment by the defendant of the purchase price, less its commission, the plaintiff instituted an action of trespass on the case in…