Mindlin v. O'Boyle

Opinion by

Mr. Justice Simpson,

In our prior opinion in this case (278 Pa. 212), we approved the finding of the court below that defendants had broken their contract with plaintiffs, but reversed the judgment, and remitted the record with a procedendo, that additional testimony might be taken and the amount of damages legally ascertained. We did this because the contract, by which defendants agreed to sell coal to plaintiffs, provided for delivery “f. o. b. cars, mines,” and the proofs failed to show that, after the breach, coal could not have been obtained at the mines; hence it was error,…