Framerican Industrial Development Corp. v. Specht

WOOEEEY, Circuit Judge.

In this action of assumpsit, the defendant, by demurrer, raised the question whether the writing sued upon was a contract. Pennsylvania Practice Act of May 14, 1915 (Pa. St. 1920, § 17181 et seq.). The District Court sustained the demurrer. 297 Fed. 858. The case is here on the plaintiff’s writ of error.

The plaintiff brought this suit for damages based on the defendant’s breach of an agreement wherein the plaintiff (hereinafter called *863the “buyer”) promised to purchase and the defendant (hereinafter called the “seller”) promised to sell 500,000 tons of coal of named…