Mindlin v. O'Boyle
Supreme Court of Pennsylvania
Appeal, No. 53, Jan. T., 1923, by defendants, from judgment of C. P. Luzerne Co., March T., 1920, No. 55, for plaintiffs, on case tried by court without jury, in suit of Henry Mindlin et al., trading as Mindlin & Rosenman v. Chas. M. O’Boyle et al., trading as. the Pittston Coal Sales Co. Assumpsit for breach of contract. Before Puller, P. J. The opinion of the Supreme Court states the facts. Judgment for plaintiffs. Defendants appealed.
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Appeal, No. 53, Jan. T., 1923, by defendants, from judgment of C. P. Luzerne Co., March T., 1920, No. 55, for plaintiffs, on case tried by court without jury, in suit of Henry Mindlin et al., trading as Mindlin & Rosenman v. Chas. M. O’Boyle et al., trading as. the Pittston Coal Sales Co. Assumpsit for breach of contract. Before Puller, P. J. The opinion of the Supreme Court states the facts. Judgment for plaintiffs. Defendants appealed. Error assigned, inter alia, was judgment, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This is an action of assumpsit by vendees for failure to deliver coal according to contract. The case was tried before the court, without a jury, and, upon the findings of facts and legal conclusions, final judgment was in due course entered for the plaintiffs; therefrom the defendants brought this appeal. In June, 1919, by correspondence, Henry Mindlin et al., plaintiffs, who, resided in New York City, bought of the defendants, Charles M. O’Boyle et al., whose place of business was at Pittston, Pa., fifteen hundred gross tons of anthracite coal of specified…
2Cases cited15 opinions
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