Pickands, Mather & Co. v. H. A. &. D. W. Kuhn & Co.

MOORMAN, Circuit Judge.

This is a suit by H. A. & D. W. Kuhn & Co. to recover damages from Pickands, Mather & Co. for the breach of a contract entered into March 30, 1920, by which the latter company agreed to purchase from the former 180,-000 tons of coal, to be delivered during the year beginning April 1, 1920, and ending March 31, 1921, in equal monthly installments of 15,000 tons, the contract price to be $4.25 a ton f. o. b. ears at the seller’s mine, -subject to advances to meet increased production cost. The breach was alleged to have resulted from the refusal of defendant to accept the…