Paramount Fuel Co. v. Fuerst

Plaintiff brings this action to recover the value of four carloads of coal furnished by plaintiff to the defendant. By his answer the defendant admitted his liability for three carloads of coal, but as to the fourth carload he alleged that the coal was of a grade inferior to that ordered; that he ordered Pocahontas egg coal and that the coal contained in that car was a poor quality of soft coal; “that before said defendant could with due diligence ascertain the nature of the coal received, large quantities of said coal were sold and distributed to the defendant’s customers as Pocahontas egg…