Southern Fuel Co. v. Southern Ry. Co.

Defendant’s special plea 8 was not subject to the plaintiff’s demurrer thereto. It set up an amendment or modification of the original contract as set forth in the complaint, and a compliance therewith so far as it was binding upon the defendant, that is, payment for all the coal that was delivered, and the modification as set out in said plea rendered the contract unilateral, that is, wanting in mutuality, in that the plaintiff was not thereby bound or obligated to mine any particular quantity of coal or any at all for that matter. The defendant was bound to take the output of the mine, but…