Mohn v. New York & Pennsylvania Smokeless Coal Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Elmer E. Mohn, trading as the E. L. Mohn Coal & Iron Company, against the New York & Pennsylvania Smokeless Coal Company, which counterclaimed. From a judgment for plaintiff, defendant dppeals. Reversed and remanded. Argued December term, 1913, before SEABURY, GUY, and BI-JUR, JJ.
1Opinion of the CourtGuy, J.
Plaintiff sues to recover for a balance due for coal sold and delivered under a contract which provided for delivery on or before a specified date. The answer is a general denial and a plea of payment, accompanied by a counterclaim for damages for delay in delivery.
The evidence shows that defendant paid for the entire amount of coal contracted for, in advance, at the time of the making of the contract, and that the action is brought to recover for an additional amount of coal delivered by plaintiff to defendant subsequent to the delivery of the coal under the contract; also that none of the…
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