Young v. Wallace

Opinion op the Court by

Judge Clarke

Reversing.

Appellee purchased- of appellant twelve ears of run of mine coal, to be delivered in October and November, 1918. The coal was delivered by appellant and received by appellee in due time, but only the first two ears were paid for. This action was instituted to recover, at the contract price, $1,381.59, for the remaining- ten cars.

The defense offered was that the coal was not run of mine, as agreed, and that same was worthless. Upon a trial, plaintiff recovered a verdict and judgment for $850.00, and he has appealed.

Complaint is made of the court’s…