Thomas v. Allegheny & Eastern Coal Co.

VAN der VOORT, Judge:

Plaintiff-appellee, Thomas, contracted by purchase order and several amendments thereto, to supply to defendant-appellant, Allegheny & Eastern Coal Co. (hereafter referred to as Allegheny) 20,000 tons of coal at $14.25 per ton. The coal was to be shipped f.o.b. the mines (in Pennsylvania) and consigned to “Allegheny & Eastern Coal Co. for the Acct. of Foreston Coal Internation, Inc.” The destination was Baltimore, Maryland. The stated “guarantees” on the “Purchase Order” read as follows:

Guarantees: SPECIFICATIONS:

B.T.U. 13000 1 Min. guaranteed (B.T.U.’s will be

determined…