Sinclair Coal Co. v. Pittsburgh & Ashland Coal & Dock Co.

Plaintiff is a wholesale coal merchant at Kansas City. Defendant is a coal jobber in Minneapolis. Plaintiff sued to recover $2,720.48, balance on an account, which defendant conceded, but alleged a counterclaim of $4,533.34. The court sustained the coun terclaim, and the difference, interest and expenses went into. the judgment.

Plaintiff furnished coal to defendant and claims the transaction was a sale. Defendant claims to have been plaintiff’s agent handling the coal on commission. Some of the coal shipped was subjected to demurrage which defendant paid in the aggregate sum of $4,533.34. If…