Lewis-Hale Coal Co. v. Enterprise Fuel Co.

SOPER, District Judge.

Enterprise Fuel Company, a Maryland corporation, brought a suit in assumpsit against Lewis-Hale Coal Company, a West Virginia corporation, in the District Court of the United States for the Southern District of West Virginia, to recover the sum of $9,925 upon an account for coal sold and delivered by the plaintiff to the defendant. The indebtedness was not disputed, but an issue was raised by a counterclaim of the defendant based upon a contract between the parties which it was alleged the plaintiff had broken with resulting damage to the defendant in the sum of $15,000.…