S. M. Hamilton Coal Co. v. New York & Philadelphia Coal & Coke Co.
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. Writ of error to review a judgment of the Circuit Court entered upon the verdict of a jury in favor of the defendant in error, who was the plaintiff below. In the following opinion the parties are designated as in the court below.
1Opinion of the Court
NOYES, Circuit Judge.
This was an action to recover damages for the alleged breach of a written contract dated September 19, 1905, wherein the defendant agreed to sell and deliver to the plaintiff, beginning October 1st of that year, “ * * * (1,500) fifteen hundred to (2,000) two thousand tons, buyers option, per month for one year, of our Big Vein Cumberland coal. * * * ” For some time after the contract became operative, the defendant delivered and the plaintiff accepted coal of a certain grade under it. A dispute then arose as to the kind of coal designated by the phrase “our Big Vein…
2Cases cited4 opinions
- Kilby Mfg. Co. v. Hinchman-Renton Fire Proofing Co.Court of Appeals for the Eighth Circuit · 1904
- Hart v. HammettSupreme Court of Vermont · 1846
- Wolff v. Wells, Fargo & Co.Court of Appeals for the Ninth Circuit · 1902
- Western Union Tel. Co. v. American Bell Tel. Co.U.S. Circuit Court for the District of Massachusetts · 1900
3Cited by2 opinions
- Ohio Valley Pulley Works, Inc. v. Oneida Steel Pulley Co.Court of Appeals for the Second Circuit · 1921
- J. W. Ringrose Co. v. SloaneCourt of Appeals for the Third Circuit · 1921