Wickham & Burton Coal Co. v. Minnesota Coal Co.

LINDLEY, District Judge.

Plaintiff (defendant in error) brought suit and recovered against defendant (plaintiff in error) for damages because of breach of contract to deliver coal between May 8, 1920, and March, 1921. This contract, dated May 8, 1920, provided that defendant would bill to plaintiff 55 cars of coal per month begin*874ning. with May, 1920, f. o. b. the mine of the Harrisburg Fuel Company at Dorrisville, 111., at $3.25 per ton, subject to revision in case of change in wage scale, and contained a provision that, “if the seller be prevented by the act of any third person from making…