Big Run Coal Co. v. Matthew Addy Co.

KNAPPEN, Circuit Judge.

Appellant (hereinafter called plaintiff) was the owner of a coal mine at Princess, Ky. It also held a contract for the output of the Kentucky Gem Coal Company, at $3 per ton, for the period of one year from and after August 15, 1917. As of May 31, 1918, plaintiff contracted for the sale to defendant of the former’s entire output of coal from that date to March 31, 1919, inclusive, “at $2.75 per ton f. o. b. mines”; these words being followed by the express provision that “in the event there is any change in the government price, this contract is automatically canceled…