Davison Fuel & Dock Co. v. Pickands Mather & Co.

In July 1973, plaintiff Davison Fuel & Dock Co. (Davison) entered into a contract with the University of Cincinnati, one defenda'nt-appellee herein, to supply 50,000 tons of coal to the University for an agreed price of $16.15 per ton. The contract specified that the coal to be supplied by Davison was, inter alia, to contain no more than nine per cent ash and one per cent sulphur, with a heat content of 13,000 B. t. u.’s per ton. Davison, in turn, contracted with its supplier, defendant-appellant Pickands Mather & Co. (Pickands) for the delivery of 50,000 tons of coal to Davison’s storage…