Garfield & Proctor Coal Co. v. New York, New Haven & Hartford Railroad

In July, 1920, the parties entered into an agreement by which the plaintiff was to sell and the defendant to buy three carloads daily of “ R/M bituminous ” coal from July 21, 1920, to March 31, 1921. The price per ton was $3.85 f. o. b. cars at the mine, subject to variations in rates of wages of mine labor. The defendant was to furnish cars for loading. The plaintiff was to ship the coal to places designated by the buyer, “ shipments . . . [to] be made as nearly as practicable in equal monthly quantities,” payments to be made not later than the twenty-fifth day of each month “ for coal…