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CORONA COAL CO. v. ROBERT P. HYAMS COAL CO.

No. 4674.

9 F.2d 361 (1925)

CORONA COAL CO. v. ROBERT P. HYAMS COAL CO. ROBERT P. HYAMS COAL CO. v. CORONA COAL CO.

Circuit Court of Appeals, Fifth Circuit.

November 7, 1925.

Attorney(s) appearing for the Case

A. F. Fite, of Jasper, Ala., A. Leo Oberdorfer, of Birmingham, Ala., for plaintiff in error and defendant on cross-writ.

John S. Stone, of Birmingham, Ala., and John H. Bankhead, Jr., of Jasper, Ala. (Bankhead & Bankhead, of Jasper, Ala., and McClellan, Rice & Stone, of Birmingham, Ala., on the brief), for defendant in error and plaintiff on cross-writ.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This is a suit by the Robert P. Hyams Coal Company, plaintiff, to recover of the Corona Coal Company, defendant, the difference between the contract price and the market price of a quantity of coal.

The contract provided that defendant would sell to plaintiff 30,000 tons of coal, "delivery [to be] of approximately 3,000 tons monthly, * * * subject usual changes of wage scale, and delay account conditions beyond our control." Plaintiff...

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