Alwart Bros. Coal Co. v. Royal Colliery Co.
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois; Francis M. Wright, Judge. Actions by the Royal Colliery Company against the Alwart Brothers Coal Company. Judgment for plaintiff in each case, and defendant ■brings error. Judgment in first case affirmed, and judgment in the second case reversed, and case remanded, with directions to grant a new trial.
Read the full summary
In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois; Francis M. Wright, Judge. Actions by the Royal Colliery Company against the Alwart Brothers Coal Company. Judgment for plaintiff in each case, and defendant ■brings error. Judgment in first case affirmed, and judgment in the second case reversed, and case remanded, with directions to grant a new trial. In both of these suits at law Royal Colliery Company (hereinafter referred to as “Colliery Company”) recovered judgment against Alwart Bros. Coal Company (hereinafter referred to…
1Opinion of the CourtSeaman, Circuit Judge
(after stating the facts as above). [1] The main controversy between the parties, in both of these suits upon the contract of purchase and sale of coal, rests on an interpretation of the contract terms, with the facts in reference to performance and nonperformance respectively undisputed. Upon that inquiry we believe the contract to be plain in its provisions that the purchaser was to have and take approximately 2,500 tons of coal in each month of the eight calendar months embraced in the contract—unless excuse arose, as specified—thus making each monthly requirement severable for…
2Cited by5 opinions
- Kawin & Co. v. American Colortype Co.Court of Appeals for the Seventh Circuit · 1917
- Petersen v. Wellsville CityCourt of Appeals for the Eighth Circuit · 1926
- Finley v. United StatesCourt of Appeals for the Fourth Circuit · 1919
- Interstate Iron & Steel Co. v. Northwestern Bridge & Iron Co.Court of Appeals for the Seventh Circuit · 1922
- Public Utilities Corp. of Arkansas v. OliverCourt of Appeals for the Eighth Circuit · 1933