Marchesseau v. Chaffee

The judgment of the court was pronounced by

Rost, J.

This is an action of damages for the breach of a contract for the sale of a boat-load of coal, measuring about two thousand barrels. The defendants filed a general denial,and averred that they had not been putin default. There was judgment in their favor, and the plaintiff appealed.

■ We are of opinion that the contract alleged in the petition is proved by competent evidence, and that, after the defendants had sold and delivered the coal to another person, who bought it for immediate use, the plaintiff' would have done a vain thing in…