Federal Coal & Coke Co. v. Coryell
Massachusetts Supreme Judicial Court
Contract, by the Federal Coal and Coke Company, a corporation, against (by substitution by amendment after bankruptcy) the trustee in bankruptcy of the firm of J. K. Dimmick and Company, who did business in Philadelphia in the State of Pennsylvania, for the alleged breach of a contract in writing dated September 14, 1909, in refusing to receive and pay for any further deliveries of coke after the delivery of five hundred and forty-four tons.
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Contract, by the Federal Coal and Coke Company, a corporation, against (by substitution by amendment after bankruptcy) the trustee in bankruptcy of the firm of J. K. Dimmick and Company, who did business in Philadelphia in the State of Pennsylvania, for the alleged breach of a contract in writing dated September 14, 1909, in refusing to receive and pay for any further deliveries of coke after the delivery of five hundred and forty-four tons. Writ, served by trustee process on the Malden and Melrose Gas Light Company as trustee, dated November 14, 1910; also a Cross action by the defendant in…
1Opinion of the CourtDe Courcy, J.
1. The fifth paragraph of the contract between the Federal Coal and Coke Company (herein called the plaintiff), and J. K. Dimmick and Company (herein called the defendants), reads as follows:
“Fifth: Quality. The Seller agrees to furnish the Buyer with 48 hour furnace coke made at their ovens located at Grant Town, West Virginia, and in case the consignee finds at any time during the life of this contract that a fair average quality of the coke materially deteriorates from the quality of the coke shipped during the first one or two months of this contract, then the Buyer has the privilege to…
2Cases cited2 opinions
- Maloney v. PhilpotMassachusetts Supreme Judicial Court · 1914
- American Soda Fountain Co. v. Spring Water Carbonating Co.Massachusetts Supreme Judicial Court · 1911