Bartoe v. Bixler Coal & Coke Co.
Supreme Court of Pennsylvania
Appeal, No. 121, Oct. Ti, 1920, by plaintiff, from order of C. P. Allegheny Co., July T., 1919, No. 671, refusing to take off nonsuit in case of W. F. Bartoe v. Bixler Coal & Coke Co. Assumpsit for breach of contract. Before Stone, J. The opinion of the Supreme Court states the facts. The court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiff appealed. Error assigned was refusal to take off nonsuit, quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
On April 27, 1916, it was agreed between defendant coal company and plaintiff dealer, that the former would furnish the latter his “entire requirements” of coal, “from date to April 1st, 1917,” other terms of sale, with which we are not now concerned, being set forth in the written contract. Plaintiff, alleging that defendant had refused to perform, brought an action for damages; the court below entered a nonsuit, which it declined to remove, and this appeal followed.
In support of the judgment appealed from, defendant contends that the contract in suit is too…
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