Legal Opinion

Mancourt-Winters Coal Co. v. Ohio & Michigan Coal Co.

Michigan Supreme Court

Decided March 30, 1922No. Docket No. 156PublishedCited by 6 opinions

Error to Wayne; Webster (Arthur), J. Assumpsit by the Mancourt-Winters Coal Company against the Ohio & Michigan Coal Company for goods sold and delivered. Judgment for plaintiff on a directed verdict. Defendant brings error.

1Opinion of the CourtBird, J.

Both of these parties are dealers in coal and have their home offices in the city of Detroit. On February 17, 1917, plaintiff entered into a written contract with defendant to sell it 60,000 tons of West Virginia bituminous coal at $2.75 a ton, deliveries to be made in’ one year from April 1, 1917, at approximately 5,000 tons a month. There were other stipulations in the contract, but they are not material to this controversy. Soon after the execution of,the contract the war came on and later the Lever act was *451passed (40 U. S. Stat. chap. 53, p. 276), authorizing the president to fix the…

2Cases cited3 opinions

  1. Benson v. BawdenMichigan Supreme Court · 1907
  2. Bagg v. JeromeMichigan Supreme Court · 1859
  3. Walhier v. WeberMichigan Supreme Court · 1905

3Cited by6 opinions

  1. Groves v. JonesMichigan Supreme Court · 1930
  2. Morford v. Bellanca Aircraft Corp.Superior Court of Delaware · 1949
  3. Kremer v. SmithMichigan Supreme Court · 1924
  4. Jones v. ChennaultMichigan Supreme Court · 1948
  5. C. D. Johnson Lumber Corp. v. LeonardOregon Supreme Court · 1951

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