Riverside Coal Co. v. Holmes

Irvine, C.

The plaintiff in error began this action to recover the sum of $68.86 with interest, for coal sold and delivered by-plaintiff to defendant. The defendant by answer admitted his indebtedness to plaintiff as alleged in the petition and counter-claimed for damages, alleging that in April, 1888, a contract was entered into between the parties whereby the plaintiff agreed to furnish to defendant all coal that defendant should require in his brick yards during the season of 1888 at an agreed price of $3 per ton; that plaintiff failed and refused to furnish such coal, and that defendant…