Wholesale Coal Co. v. Price Hill Colliery Co.

Litz, Judge :

The plaintiff, Wholesale Coal Company, a corporation, suing in assumpsit, prosecutes error to the judgment of the circuit court of Raleigh county on its findings in favor of defendant. The declaration contains the common counts, and a special count averring that on the 10th day of July, 1922, the plaintiff purchased from the defendant, Price Hill Colliery Company, 1050 tons of coal for immediate delivery at $3.50 per ton, f. o. h. mines, to be loaded in fifteen railroad ears and consigned to the plaintiff, over the Chesapeake & Ohio Railway, Russell, Kentucky; that the defendant…