Kalamazoo Ice & Fuel Co. v. Gerber

MACK, Circuit Judge.

This is a suit for breach of contract by the buyer, the defendants in eimor, hereinafter called plaintiff, against the seller, the plaintiff in error, hereinafter called defendant, for the latter’s alleged failure to deliver on time. The body of the contract in dispute, executed between the defendant and the plaintiff’s assignor early in July, 1922, is printed in the footnote.1

*237At the time of the making of the contract the buyer knew that the defendant did not own or operate any mines, but was a dealer purchasing its eoal from others. Buyer was not given the name, and did…