Legal Opinion

Eastern Coal & Export Corp. v. Beazley

Court of Appeals of Virginia

Decided June 14, 1917PublishedCited by 2 opinions

Error to a judgment of the Law and Equity Court of the city of Richmond, in a motion for damages. Judgment for plaintiffs. Defendant assigns error.

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Error to a judgment of the Law and Equity Court of the city of Richmond, in a motion for damages. Judgment for plaintiffs. Defendant assigns error. The instructions given by the trial court were as follows: 1. The court instructs 'the jury that the order of the plaintiffs, dated October 27, 1915, delivered to the defendant’s agent, was a mere proposal to buy the coal therein described, and was not binding upon either party, until it was accepted by the defendant, and the plaintiffs notified of such acceptance, and the conditions printed on the back of said offer as well as on the formal…

1Opinion of the Court

Whittle, P.,

delivered the opinion of the court.

Beazley & Blanford, partners doing business in Portsmouth, Virginia, brought this motion against the Eastern Coal Export Corporation, coal broker, of Richmond, Virginia, to recover damages laid at $500, for breach of con~ tract to deliver coal. We are asked to review a judgment for $400, rendered against the defendant upon the verdict of a jury.

The contract consisted of an order of the plaintiffs, dated October 27, 1915, delivered to the salesman Of the defendant and accepted by the principal, for 500 tons of coal — 5 hop-car loads of “Va. Anth.…

2Cases cited4 opinions

  1. Stonega Coke & Coal Co v. AddingtonSupreme Court of Virginia · 1911
  2. Whealton & Wisherd v. DoughtySupreme Court of Virginia · 1914
  3. Chesapeake & Ohio Railway v. McCarthySupreme Court of Virginia · 1912
  4. Norfolk & Western Railway Co. v. ParrishSupreme Court of Virginia · 1916

3Cited by2 opinions

  1. J. Maury Dove Co. v. New River Coal Co.Court of Appeals of Virginia · 1928
  2. Atlantic Coast Line Railroad v. Southern Oil & Feed Mills, Inc.Supreme Court of Virginia · 1921

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