Robert P. Hyams Coal Co. v. Corona Coal Co.

BRYAN, Circuit Judge.

It was determined on a former writ of error in this caso that the evidence of the plaintiff, Robert P. Hyams Coal Company, was sufficient to support a judgment for damages arising out of the failure of the defendant, Corona Coal' Company, to deliver 9,000 tons of coal. 9 F.(2d) 361. On a second trial, defendant’s evidence tended to show that it had sustained a loss as great as plaintiff’s loss, because of the-latter’s failure to order coal deliverable during the first seven months of the contract period,, and the jury returned a verdict for defendant, on which judgment…