Southwestern Coal Co. v. Calbeck

The opinion of the court was delivered by

Porter, J.:

Plaintiff sued to recover damages for defendant’s failure to accept and pay for a carload of coal. A demurrer to plaintiff’s evidence was sustained, and it appeals.

The Southwestern Coal Company buys coal from mining companies and sells to local dealers. On January 14, 1918, it had pur*769chased a car of lignite lump coal loaded on car No. 37375 which was in transit, and on that date mailed from the office at Wichita a number of postal cards with return cards attached offering this car of coal for sale to the trade. On January 14, the defendant…