S. H. Benjamin Fuel & Supply Co. v. Bell Union Coal & Mining Co.

DAVIS, Circuit Judge.

This is a proceeding by the plaintiff in error to review the judgment of the District Court based on the verdict of a jury, awarding damages for breach of a contract. By its terms defendant agreed to sell and plaintiff to purchase 50,000 tons of coal, 25,000 tons of two-inch screenings at $2.40 per ton, and 25,000 tons of larger prepared sizes at $3.50 per ton, between May 10, 1920, and April 1, 1921, “in equal monthly installments.” The Contract provided that, since the amount of coal contracted for was about one-third of the production of the Bell Union mines, in case…