Fuel Distributors, Inc. v. Payne-Baber Coal Co.

Woods, President:

Tbe plaintiff filed its notice of motion for judgment by which it sought to recover damages from the defendant for the alleged breach of-a contract to sell coal. Issue was joined on the counter-affidavit of the defendant and a jury trial had. The jury found for the plaintiff and defendant complains on the ground that the verdict was contrary to the law and the evidence.

The plaintiff’s testimony was to the effect that the defendant entered into a contract whereby it agreed to sell plaintiff approximately five hundred tons (of ten carloads) of Elkhorn run of mine coal at the…