East Harlan Coal Co. v. R. E. Hamilton & Sons Co.
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern District of Kentucky; Andrew M. J. Cochran, Judge. Action by the R. E. Hamilton & Sons Company against the East Harlan Coal Company. Judgment for plaintiff, and defendant brings error. On January 12, 1917, II.
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In Error to the District Court of the United States for the Eastern District of Kentucky; Andrew M. J. Cochran, Judge. Action by the R. E. Hamilton & Sons Company against the East Harlan Coal Company. Judgment for plaintiff, and defendant brings error. On January 12, 1917, II. E. Hamilton & Sons Company, a Michigan corporation, brought an action in tile United States District Court for the Eastern District of Kentucky against the East Harlan Coal Company, a Kentucky corporation, to recover damages for breach of contract for failure on the part of the defendant to ship and deliver coal upon a…
1Opinion of the CourtDonahue, Circuit Judge
(after stating the facts as above). It is apparent from the evidence offered in the trial of this cause in the district court, both by the plaintiff and defendant, that no verbal contract was ever entered into between them on July 9, 1916, or any other date, and that neither ever had the intention or purpose of making a verbal contract.
It is equally clear that the numerous telegrams and letters exchanged between the parties, prior to September 11th, do not constitute a written contract between them. That fact fully appears by the letter written hv defendant to the plaintiff on September 8th,…
Also in this document: Per curiam.
2Cases cited5 opinions
- Bast v. BankSupreme Court of the United States · 1879
- Barnhart v. RiddleSupreme Court of Pennsylvania · 1857
- Provenchere's AppealSupreme Court of Pennsylvania · 1871
- Sudduth v. Storm King Coal Co.Court of Appeals for the Sixth Circuit · 1920
- R. E. Hamilton & Sons Co. v. Moss-Jellico Coal Co.Court of Appeals for the Sixth Circuit · 1921