Coale Corp. v. Blue Ribbon Coal Co.

Opinion by

Keller, J.,

This was an action in assumpsit for the purchase price of certain coal delivered by plaintiff to defendant under a written agreement of sale. The contract called for ten carloads unclassified coal, clean, low volatile; shipment to be completed not later than October 26, 1921. The grounds of defense were, (1) that the coal had been rejected because not in accordance with the contract; (2) that shipment was not completed within the time specified. In connection with the defense as to the quality of the coal it was alleged that the plaintiff had orally agreed that the coal…