Philadelphia & Reading Coal & Iron Co. v. Butler

This is an action for the price of coal alleged to have been sold to the late Benjamin F. Butler and to his partner Boynton. The case was sent to an auditor and is reported to this court by a judge of the Superior Court, with a finding that the facts are as stated by the auditor, and with an agreement for the amount of the judgment if upon the facts the plaintiff is entitled to recover. Two questions only are argued by the defendants: whether the action can be maintained against the present defendants, and whether the contract declared on is made out.

The suit was begun against Butler and…