Consolidated Coal Co. of St. Louis v. Jones & Adams Co.

This is an action in assumpsit by appellant against appellee. Recovery is sought upon a written contract between said parties, the material portions- of which are as follows:

“ Said first party (appellee) agrees and contracts to furnish to said second party (appellant) a minimum of 125 tons per day, and a maximum of 200 tons per day, of mine run or lump coal, from their mine located at Springfield, Illinois, during a period of nine months, commencing July 1, 1902, and ending March 31, 1903, at the following prices, f. o. b. mines: ‘ Lump,’ $.95 per ton; 'mine run,’ $.85 per ton. Shipments of…