Walter-Wallingford Coal Co. v. A. Himes Coal Co.

This suit was brought to recover the price of coal sold and delivered to defendant. Defendant, under plea of the general issue, gave notice of recoupment and set-off arising out of claimed breach of contract of purchase by plaintiff. Plaintiff countered by showing a cancellation of such contract by defendant. The trial judge held there was a rescission of the contract and, therefore, no damages for breach thereof could be recovered, and entered judgment in favor of plaintiff for the price of the *577coal delivered before cancellation. The case is here on writ of error.

The parties,' on April 3,…