Iowa Gas & Electric Co. v. Wallins Creek Coal Co.

Opinion op the Court by

Judge Logan

Affirming.

This litigation grows out of the sale and purchase of coal in the year 1920. Appellant filed its suit for damages based on the alleged defective quality of the coal delivered by appellee. Appellee filed a counterclaim seeking to recover the balance due on the purchase price for the coal. A demurrer was sustained to the petition, and thereafter three amended petitions were filed, and each time a demurrer was sustained to the petition as amended. Appellant then filed a substituted petition covering the allegations in the original petition and the…