Alwart Bros. Coal Co. v. Royal Colliery Co.
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Suit by the Alwart Bros. Coal Company against the Royal Colliery Company. From .a judgment for defendant, 'plaintiff brings error.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Suit by the Alwart Bros. Coal Company against the Royal Colliery Company. From .a judgment for defendant, 'plaintiff brings error. For the purpose of enabling it to fill its contract with the board of education ■of the city of Chicago, plaintiff in error, termed plaintiff herein, entered into a written agreement with defendant in error, termed defendant, whereby defendant undertook to sell and deliver to plaintiff in, approximately equal monthly quantities between July 25, 1911,…
1Opinion of the CourtKohrsaat, Circuit Judge
(after stating the facts as above). [1] When this cause was before us with case No. 1999, on January 6, 1914, we held that the contract called for monthly shipments as near as might be, and that in the absence of orders noi obligation rested on the shipper to deliver such monthly installments of coal up to January 1, 1912, either during the month or thereafter; that each monthly requirement was severable. Alwart Bros. Coal Co. v. Royal Colliery Co., supra. We find no material variation in the evidence there adduced, as disclosed in the opinion, and here, sufficient to justify any different…
2Cases cited1 opinion
- Park Steel Co. v. Staver Carriage Co.Appellate Court of Illinois · 1905
3Cited by3 opinions
- Kawin & Co. v. American Colortype Co.Court of Appeals for the Seventh Circuit · 1917
- Interstate Iron & Steel Co. v. Northwestern Bridge & Iron Co.Court of Appeals for the Seventh Circuit · 1922
- Lees v. Churchill Distilling Co.District Court, W.D. Kentucky · 1947