Framerican Industrial Development Corp. v. Specht

SCHOONMAKER, District Judge.

This case comes to the attention of the court at this time on statutory demurrer filed by the defendant, and raises the question as to whether the alleged agreement sued upon ever went ijito effect as a completed agreement.

The plaintiff and the defendant entered into an agreement wherein and whereby, among other things, the defendant, as seller, agreed to sell and deliver, and the plaintiff, as buyer, agreed to purchase and pay for, certain coal. By the terms of the writing covering the transaction, there were certain preliminaries to be completed by both parties…