Quemahoning Coal Co. v. Sanitary Earthenware Specialty Co.

The opinion of the court was delivered by

Walker, Chancellor.

By a written contract between the parties the defendant agreed to purchase from the plaintiff certain carloads of “Ealphton Smokeless Coal,” and the latter sued the former in the Supreme Court for a certain amount due for shipments of such coal, which defendant received and part of which it used, tendering back the unused part. The defence was that plaintiff represented that the coal could be used with good results in firing defendant’s pottery kilns, and that defendant, relying upon such representations, used the coal in firing…