Legal Opinion

F.S. & P. Coal Co. v. Inter-Mountain Coals, Inc.

West Virginia Supreme Court

Decided February 23, 1988No. 17430PublishedCited by 11 opinions

1Opinion of the Court

NEELY, Justice:

In December 1979, the appellant, P.S. & P. Coal Company, Inc., agreed to sell coal to the appellee, Inter-Mountain Coals, Inc. with payment based upon sampling and quality testing. In accord with that agreement, F.S. & P. Coal Company shipped 2,690.95 tons of coal to Inter-Mountain Coals, Inc. Apparently this shipment was combined by the appellee with coal from other sources. The appellee analyzed a total shipment of 6,072.45 tons of coal and from that analysis offered payment of $7,800 less than the amount claimed due by the appellant.

The appellant then instituted a $10,000…

2Cases cited19 opinions

  1. Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
  2. Lorraine Evans v. Sheraton Park Hotel Lorraine Evans v. Sheraton Park Hotel, Hotel & Restaurant Employees and Bartenders International UnionCourt of Appeals for the D.C. Circuit · 1974
  3. Sanders v. Roselawn Memorial Gardens, Inc.West Virginia Supreme Court · 1968
  4. Hutton v. Johns Hopkins UniversitySupreme Court of the United States · 1974
  5. Spilker v. HankinCourt of Appeals for the D.C. Circuit · 1951

14 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Garlow v. ZakaibWest Virginia Supreme Court · 1991
  2. Richardson v. KennedyWest Virginia Supreme Court · 1996
  3. Reager Ex Rel. Reager v. AndersonWest Virginia Supreme Court · 1988
  4. Horkulic v. GallowayWest Virginia Supreme Court · 2008
  5. Jenkins v. McCoyDistrict Court, S.D. West Virginia · 1995

6 more not listed; retrieve them via the Exa API.

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