Smokeless Fuel Co. v. Seaton & Sons
Supreme Court of Virginia
Error to-a judgment of the Circuit Court of the city of Richmond in an action of assumpsit. Judgment for the plaintiffs. Defendant assigns error. This was an action of assumpsit by the purchaser to recover damages for breach of a contract to deliver coal as ordered. The contract is set -out in the opinion. In reply to a letter by the .purchasers, requesting shipments of coal as per contract, the sellers wrote demanding an indemnifying bond, as stated in the opinion.
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Error to-a judgment of the Circuit Court of the city of Richmond in an action of assumpsit. Judgment for the plaintiffs. Defendant assigns error. This was an action of assumpsit by the purchaser to recover damages for breach of a contract to deliver coal as ordered. The contract is set -out in the opinion. In reply to a letter by the .purchasers, requesting shipments of coal as per contract, the sellers wrote demanding an indemnifying bond, as stated in the opinion. This 'letter was as follows: “Richmond, Va., April 4th, 1908. “W. E. Seaton & Son, Richmond, Va.: “Gentlemen,—We beg to…
1Opinion of the CourtHarrison, J.
This action was brought by Seaton & Sons, who are coal merchants in the city of Bichmond, against the Smokeless Fuel Company, a corporation engaged in selling coal to such merchants, to recover damages for the breach by the defendant of the following contract, between the parties, which is set out in the declaration:
*173“This agreement entered into this eleventh day of April, 1902, by and between Smokeless Fuel Company, party of the first part, and W. E. Seaton & Sons, party of the second part, both of the city of Richmond, witnesseth: That the party of the first part has sold to the said party…
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