Jessup & Moore Paper Co. v. Piper

J. B. McPHERSON,

District Judge. Gentlemen of the Jury: There is a question of fact in this case to be submitted to you, and I shall endeavor to explain it in a few words. There is no dispute between the parties as to what the contract between them was, and there could be no dispute, because the contract is in writing.

*109W. H. Piper & Co., the defendants in this suit, agreed to deliver to the Jessup & Moore Paper Company a certain quantity of coal at a given price — $1.82, I think it was, a ton — delivered upon the siding near their works, somewhere in the neighborhood of Wilmington. They agreed…