Detroit Edison Co. v. Wyatt Coal Co.

WADDIDL, Circuit Judge.

This is an action of assumpsit instituted by the plaintiff in error, hereinafter called plaintiff, against the defendant in error, hereinafter called defendant, to recover the amount of certain payments on account of coal contracted to be sold by the defendant to the plaintiff, in excess of the price agreed upon, and which amount plaintiff insists was unlawfully and improperly exacted by the defendant. The jurisdiction of. the District Court is based on diverse citizenship of the parties, the plaintiff being a corporation resident and a citizen of the state of New York,…