Highland v. Russell Car & Snow Plow Co.

Opinion by

Gawthrop, J.,

This is an action of assumpsit for the purchase price of coal delivered by plaintiff to defendant under a contract made in October, 1917, a time subsequent to the date of the passage by Congress of the Fuel and Food Control Act (Act of August 10, 1917, c. 53, 40 St. L. 276, 284), hereinafter called the Lever Act, and subsequent to the date of the Executive Order of August 21,1917, fixing the prices of bituminous coal at the mine in the several coal producing districts under Section 25 of the Act, which so far as is necessary for our consideration reads: ‘ ‘ The…