Okmulgee Coal Co. v. Hinton

This was an action for damages for breach of contract commenced by the defendant in error, plaintiff below, against the plaintiff in error, defendant below.

In the written contract involved, the defendant, the Okmulgee Coal Company, is called “the operator,” and the plaintiff, J. W. Hinton, doing business as the Hinton Company, is called the “selling company.” By the terms of the contract, the operator agreed for the period of one year to sell and deliver to the seller four cars per day of standard Blackstone mine run coal at a price of $2.25 per ton.

It was alleged in the petition that the…