Monument Pottery Co. v. Imperial Coal Corporation

DAVIS, Circuit Judge.

The Imperial Coal Company, plaintiff, and the Monument Pottery Company, defendant, entered into a contract on November 3, 1920, whereby plain tiff agreed to sell and defendant to bny 6,000 tons of “Shade Creek:coal,” which is bituminous coal produced at the plaintiff’s Shade Creek mine in Pennsylvania, for $5.75 per ton f. o. b. mine. The coal was to be shipped ih equal monthly quantities, beginning J anuary 1, 1921, and ending December 31,. 1921. The defendant agreed to furnish plaintiff with consignments of the coal. Soon after the contract was signed, the priee of coal…