Iron Trade Products Co. v. C. E. Watson Coal Co.

Martin, P. J.,

Plaintiff filed a statement of claim in a suit to recover the price of coal purchased by defendant. The statement avers a contract on April 19, 1923, for forty-nine cars of coal, f. o. b. mine, at the price of $1.70 per ton, to be shipped to the Chevrolet Motor Car Company at Flint, Michigan. A copy of “sales contract,” attached to the statement of claim, describes the material as “Slack Coal, Pittsburgh Seam, clean, not exceeding 10 per cent. Ash, not over 2 per cent. Sulphur, with a BTU of 13900,” and the rate of shipment, five cars daily. Terms: Net, 15th of the month for…