William C. Atwater & Co. v. Panama Railroad

By written contract dated July 28th, 1920, the plaintiff agreed to sell and the defendant agreed to buy 36,000 tons of coal to be delivered “ in approximately equal monthly proportions ” during the year beginning August 1st, 1920, and expiring July 31st, 1921. At the end of January, 1921, one-half of the coal had been delivered and accepted. Thereafter, at the request of the defendant, shipments of coal were reduced, and, from the end of March until July 26th, entirely withheld. The seller during these months was ready to deliver, each month, the monthly proportion called for by the contract.…