Producers Coal & Coke Co. v. Moyer

Chase, P. J., 46th judicial district, specially presiding,

— The plaintiffs bring an action of assumpsit to recover for coal alleged to have been sold and delivered to the defendant. The defendant, in reply, sets up set-off to the claim, alleging that the defendant purchased two cars of coal and consigned the same to H. C. Butterbaugh Company, Ponda, New York; that when the said cars were en route, the plaintiff, representing that it had authority in the premises, induced the carrier, the Pennsylvania Railroad Company, to reconsign the said two cars of coal; that such reconsignment was made…