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WYATT COAL CO. v. DETROIT EDISON CO.

No. 2361.

8 F.2d 215 (1925)

WYATT COAL CO. v. DETROIT EDISON CO.

Circuit Court of Appeals, Fourth Circuit.

October 20, 1925.

Attorney(s) appearing for the Case

Fred O. Blue and Arthur S. Dayton, both of Charleston, W. Va. (Poffenbarger, Blue & Dayton, of Charleston, W. Va., on the brief), for plaintiff in error.

James V. Oxtoby, of Detroit, Mich., and T. Brooke Price, of Charleston, W. Va. (Oxtoby, Robison & Hull, of Detroit, Mich., and Price, Smith & Spilman, of Charleston, W. Va., on the brief), for defendant in error.

Before WOODS, WADDILL, and ROSE, Circuit Judges.

ROSE, Circuit Judge.

The parties will be here described by the positions they held below; that is to say, the plaintiff in error will be called the defendant, and the defendant in error the plaintiff. When this case was first before us, we held that the right of action was not barred by limitations, but that the plaintiff's damages for short delivery were limited to 20 cents per ton. 1 F.2d 788. At the retrial below, there was a directed...

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