New York & Pennsylvania Co. v. Cunard Coal Co.

Gordon, Jr., J.,

This is a suit by the New York and Pennsylvania Company against the Cunard Coal Company for damages for an alleged breach of contract by the latter company in connection with the sale by it to the plaintiff of 102,000 net tons of coal, under a contract partly written and partly oral, covering the year beginning April 1, 1918, and ending March 31, 1919. The jury rendered a verdict jn favor of the plaintiff for $40,805.01 (including $30,000 and interest) and the defendant moves for judgment non obstante veredicto.

The evidence discloses that on three successive years, including…