Gardner v. Mid-Continent Coal & Coke Co.

Opinion by

Mr. Justice Hall.

The parties appear here in the same order as in the trial court. We refer to them as Gardner and Mid-Continent.

Gardner filed its complaint on September 4, 1958, alleging for a FIRST CLAIM that Mid-Continent, effective as of July 1, 1957, requested it to haul coal from Mid-Continent’s mine to the railhead near Carbondale, and offered to pay therefor $3.00 per ton for the first 5,000 tons hauled per month, and $2.00 per ton for all in excess of 5,000 tons per month. That pursuant to this request, Gardner hauled coal through the month of May 1958, and that there is due…