Legal Opinion

Pittsburgh Coal Co. v. Northy

Michigan Supreme Court

Decided November 5, 1909No. Docket No. 43PublishedCited by 2 opinions

Error to Houghton; Streeter, J. Assumpsit by the Pittsburgh Goal Company against Henry Northy for goods sold and delivered. A judgment for plaintiff is reviewed by defendant on writ of error.

1Opinion of the CourtOstrander, J.

By the terms of the contract made by the parties, defendant bought of the plaintiff, and plaintiff agreed to furnish, 1,200 to 1,500 tons of coal, delivered afloat at Houghton, at the price of $2.45 per ton. The grade of coal specified was 11 inch, thin vein, Youghiogheny lump. It was to be delivered when ordered, and the contract, which was dated May 24, 1905, expired November 1, 1905. The contract contained this provision:

“ Deliveries of coal shall be subject to delays occasioned by strikes, lockouts, accidents and other unavoidable casualties in the operation of seller’s mines, the want of…

2Cases cited1 opinion

  1. Prussian National Insurance v. EisenhardtMichigan Supreme Court · 1908

3Cited by2 opinions

  1. Power Specialty Co. v. Michigan Power Co.Michigan Supreme Court · 1916
  2. Michigan Sugar Co. v. Jebavy-Sorenson Orchard Co.Michigan Court of Appeals · 1976

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