Blue Star Navigation Co. v. Emmons Coal Mining Corp.

Opinion by

Mr. Justice Simpson,

The Blue Star Navigation Company, to the use of the Ainesworth Coal & Iron Company, brought suit against the Emmons Coal Mining Corporation to recover damages for failure to accept a cargo of coal which had been sold by the legal plaintiff to defendant, the contract for it being forthwith assigned by the former to the use-plaintiff, which undertook its performance. Defendant denied the breach of contract, and made a counterclaim, because of use-plaintiff’s refusal to deliver the coal. The pleadings admitted the contract, which required certain documents to be…