Jones v. Lanier

McCLELLAN, j.—

(dissenting.) — This was an action for damages for breach of a contract. . The appellee (defendant), and another not now concerned, agreed to buy the entire output of the appellant’s coal mine, during the period from October 1, 1913, to June 30, 1914, at the price of 95 cents per ton f. o. b. mines, subject “to your [appellant’s] coal proving satisfactory,” and “preparations being made,” by appellant, “according to our [defendant’s] specifications,” and stipulating for monthly payments for coal shipped by plaintiff, the bills of .lading to show defendant as shipper, and the…