Smail v. Penowa Coal Sales Co.

Opinion by

Dithrich, J.,

Plaintiffs are partners trading as the Smail Coal Company and as such are engaged in the strip mining business. They brought this action in assumpsit against the defendant, Penowa. Coal Sales Company, to recover 12725.63, with interest, allegéd to be due under an oral contract pursuant to which plaintiffs sold and defendant bought 18 carloads of coal containing 1090 tons at $2.50 per ton.

The record discloses that in June and July of 1947 coal in the quantity alleged was consigned to defendant and delivered to the Pennsylvania Railroad scales at Youngwood. The shipments…