Peerless Coal Co. v. Steffey & Findley, Inc.

WOODS, Circuit Judge.

On May 25, 1921, the Peerless Coal Company and Steffey & Findley, Incorporated, made a contract of sale in these words:

“The Peerless Coal Company agrees to sell, and Steffey & Findley, of Hagerstown, Maryland, agree to buy—

“Quantity, 10,000 net tons.

“Grade, Johnson E vein.

“Price, $3.00 per net ton, f. o. b. mines.

"Payments: Cash 15th of month for all coal shipped preceding month.

“Shipments: In egual monthly proportions and without right of cumulation.

“Term: Beginning July 1, 1921, and terminating March 31, 1922.

“Ship to as ordered.

“Route as ordered.”

The sale was…