Smokeless Fuel Co. v. Western United Corp.

NORTHCOTT, Circuit Judge.

In the court below the appellee was the sole complainant, and the appellant was the sole defendant, and each will be so designated here.

The complainant, an Illinois corporation, owned and operated certain mines in Logan county, W. Va., known as the Rex mines, and the defendant, a West Virginia corporation, was engaged in the business of selling coal on a commission basis, and of buying and selling coal, with an office in Charleston, W. Va. On the 31st day of March, 1923, an agreement was entered into between the complainant and defendant to the effect that the…