Ruth-Hastings Glass Tube Co. v. Slattery
Supreme Court of Pennsylvania
Appeal, No. 24, Jan. T., 1920, by defendant, from judgment of C. P. No. 2, Philadelphia Co., June T., 1917, No. 1617, on verdict for plaintiff in the case of Ruth-Hastings Glass Tube Company v. Thomas F. Slattery, Trading as Slattery Brothers. Assumpsit to recover sum of $6,165.50 alleged to be due as damages for breach of contract to deliver coal. Before Rogers, J. Verdict and judgment for plaintiff for $3,495.40. Defendant appealed.
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Appeal, No. 24, Jan. T., 1920, by defendant, from judgment of C. P. No. 2, Philadelphia Co., June T., 1917, No. 1617, on verdict for plaintiff in the case of Ruth-Hastings Glass Tube Company v. Thomas F. Slattery, Trading as Slattery Brothers. Assumpsit to recover sum of $6,165.50 alleged to be due as damages for breach of contract to deliver coal. Before Rogers, J. Verdict and judgment for plaintiff for $3,495.40. Defendant appealed. Errors assigned were rulings on evidence and various answers to points.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Plaintiff sued to recover on a written contract, by which defendant agreed to sell and plaintiff agreed to *290buy “3,000 tons more or less” of bituminous coal from the George’s Creek district, at the price of $1.75 per ton, to be delivered f. o. b. mines, in about equal monthly installments ending April 1, 1917, the contract containing the usual clause relieving the vendor of liability in case of a failure to deliver because of strikes, interruption of transportation, or other causes beyond his control. Plaintiff alleged defendant delivered only a little over 1,276…
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