Ohio & Michigan Coal Co. v. Clarkson Coal & Dock Co.
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the-Eastern District of Michigan; John M. Killits, Judge. Action by the Clarkson Coal & Dock Company against the Ohio & Michigan Coal Company. There was a judgment for plaintiff, and defendant brings error.
1Opinion of the Court
DONAHUE, Circuit Judge.
The Clarkson Coal & Dock Company commenced an action in the court below to recover damages from the Ohio & Michigan Coal Company for breach of contract for the purchase of one cargo of about 6,500 tons of West Virginia splint coal in the proportion of 65 per cent, lump and 35 per cent, nut and slack, to be floated in May of 1916.
It is averred in the declaration that the defendant wholly failed and refused to deliver this cargo of coal during the month of May, 1916, but at various intervals between the 1st day of June, 1916, and the 5th day of October, 1916, did offer…
2Cases cited5 opinions
- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Clark v. . WoodruffNew York Court of Appeals · 1881
- B. F. Sturtevant Co. v. Fireproof Film Co.New York Court of Appeals · 1915
- Barrow Steamship Co. v. Mexican Central Railway Co.New York Court of Appeals · 1892
3Cited by7 opinions
- National Utility Service, Inc. v. Whirlpool CorporationCourt of Appeals for the Second Circuit · 1963
- Briggs v. WaggonerSupreme Court of Oklahoma · 1962
- Elk Horn Coal Corp. v. CaseboltCourt of Appeals for the Sixth Circuit · 1930
- Northeastern Const. Co. v. City of Winston-SalemCourt of Appeals for the Fourth Circuit · 1936
- Nordic Trading Co. v. Imperial Forwarding Co.City of New York Municipal Court · 1949
2 more not listed; retrieve them via the Exa API.