Black Beauty Coal Co. v. Cohen

The plaintiff seeks to recover in different counts the price of coal sold and delivered, freight and demurrage charges caused by the defendants’ failure to discharge the coal from the cars on arrival, damages for breach of the defendants’ contract to buy the coal and the reasonable value of services performed, and reimbursement for expenses and liability incurred for freight and demurrage charges in endeavoring to perform the contract. The answer is a general denial; it also sets up the statute of frauds as a defence.

The defendants are copartners doing business under the name Mt. Bowdoin Fuel…