Olive Hill Limestone Co. v. Gay-Coleman Construction Co.

Opinion of the Court by

Drury, Commissioner—

Affirming.

The appellant, which we shall call the limestone company, sued the appellees, whom wre shall call the contractors, for crushed limestone it had sold and delivered to them. The contractors, by counterclaim, sought to recoup certain losses they alleged they sustained by reason of the failure of the appellant to furnish this stone in the quantities it had contracted. It is stipulated that the limestone company furnished 20,357.7957 tons of stone for which the court instructed the jury to find for the limestone company $16,285.43, less any sum…