Murray v. Chicago, St. P., M. & O. Ry. Co.

(after stating the facts as above).

On July 8,1921, Murray and the Omaha entered into three contracts which were identical except as to tonnage and the location of the mines from which the coal was to be taken. They provided for the sale by Murray to the Omaha over a period of nine months from July 1, 1921, to March 31, 1922, of certain amounts of coal at a price of $2,70 per ton for mine run, and $2.90 per ton for egg coal, f. o. b. Peoria, or Hollis, Illinois. Under these contracts mine run coal was shipped pursuant to regular orders placed from time to time by the Omaha, but no egg coal was…