Delmont Gas Coal Co. v. Diamond Alkali Co.

Opinion by

Mr. Justice Walling,

On September 5,1916, plaintiff entered int'o a written contract for the sale to defendant of, inter alia, twenty-five cars of slack coal per month, for nine months, beginning with October, 1916, at $1.25 per net ton f. o. b. at the mines. Each month’s delivery to be treated and considered as a separate and independent contract and to be settled and paid for in cash on or before the fifteenth day of the next succeeding month. Pursuant to which plaintiff delivered to defendant carloads of the coal during each of the nine months, but in less numbers *538than the…