Riverside Coal Co. v. American Coal Co.

Determination of all of the assignments of error relating to both the decision on the demurrer and the judgment rendered, as the plaintiff aptly concedes, turns upon the construction and effect accorded the contract of March 17th, 1926, which will be hereinafter referred to as the “second contract.” The prior (February) agreement will be designated as the “first contract.”

The first ground of the demurrer to the second defense and all of the grounds of the demurrer to the third defense, were to the effect that it did not appear therein that the second contract was accepted in satisfaction of…