Krall Coal Co. v. Century Indemnity Co.

This is an action on two contract performance bonds issued by the defendant to secure the performance by the Peirce Oil Corporation, hereinafter referred to as Peirce, of its contracts to deliver oil to the plaintiff. The principal question in the case is how much of the oil contracted for was delivered before Peirce broke the contracts. This turns on the question whether, under the contracts, deliveries of oil treated by Peirce and the plaintiff as made pursuant to other unbonded contracts between them should be considered deliveries made under the bonded contracts. The case was referred to…