Delaware & Hudson Canal Co. v. Roberts

Plaintiff sued defendant for two carloads of coal ordered by him in January, 1887, by two written orders, which contained only directions to forward, by one, two cars nut coal, and by the other, one car nut coal.

Defendant admitted the receipt of the coal as claimed, but disputed the price. He also claimed that in July, 1886, he had made a contract with plaintiff for 43 car-loads, at $3.65 a ton for egg and $3.90 for nut coal, to be shipped as he should order it during the season of 1886— 87, and that plaintiff had refused to carry it out; and he sought to recoup damages. The plaintiff’s claim…