McMullar Coal Co. v. Champion Coated Paper Co.

Hatcher, President:

The pivotal question in this suit is, did the defendant Champion Coated Paper Company have the right to rescind a partially executed contract for purchase of coal.

On May 1, 1920, the E. R. Johnson Coal Mining Company and the defendant entered into a contract wherein the Johnson company sold to the defendant the output of its mines to the extent of one hundred thousand tons, at the price of $4.00 a ton. Loading was to commence on the date of the contract. The coal was to conform to a certain analysis. The defendant advanced the Johnson company $75,000.00 on the contract,…