Scott v. Kittanning Coal Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of July Term 1877, No. 2. Case by the Kittanning Coal Company against John C. Scott & Sons, to recover damages for a breach of a contract to take and pay for fifty thousand tons of coal. The defendants originally pleaded payment, and subsequently on the trial added the plea of non asswnvpserunt.
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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of July Term 1877, No. 2. Case by the Kittanning Coal Company against John C. Scott & Sons, to recover damages for a breach of a contract to take and pay for fifty thousand tons of coal. The defendants originally pleaded payment, and subsequently on the trial added the plea of non asswnvpserunt. The material portions of thé contract -which was in writing, were as follows: 1st. The Kittanning Coal Company agrees to deliver on board vessels at Greenwich wharves, its best run of mine bituminous coal, denominated Excelsior vein,…
1Opinion of the CourtJustice Trunkey
The Kittanning Coal Company agreed to deliver, on board vessels at Greenwich wharves, fifty thousand tons of its best run of mine bituminous coal, denominated Excelsior vein, from collieries in Clearfield county, commencing with March 1st 1874, and ending with February 1875, at the rate of six thousand tons monthly, at the option of John C. Scott & Sons, they giving notice on or before the 25th day of each month of their requirements for the succeeding month. Scott & Sons agreed to furnish vessels for and receive the above stated quantity of coal, and make payment therefor at thirty days from…
2Cases cited2 opinions
- Gilchrist v. BaleSupreme Court of Pennsylvania · 1839
- Davis v. MeekerNew York Supreme Court · 1810
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- Jackson v. JacksonSuperior Court of Pennsylvania · 1912
- John Deere Plow Co. v. ShellabargerTennessee Supreme Court · 1918
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