Noel Construction Co. v. Atlas Portland Cement Co.

Pearce, J.,

delivered the opinion of .the Court.

This action was brought by the Noel Construction Com pany, a corporation, to recover from the Atlas Portland Cement Company, a corporation, damages for the breach of an alleged contract to deliver to the plaintiff twenty-five thousand barrels of cement purchased for use in the erection of Midshipmen’s Quarters at the Naval Academy in Annapolis, Maryland. '

• The declaration contains the common money counts, and the following special count: “And for- that the plaintiff in the early part of the year 1902, acting by its agents, Edgar M. Noel and…