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VIRGINIA IRON, COAL & COKE CO. v. WOODSIDE COTTON MILLS CO.

No. 2327.

6 F.2d 442 (1925)

VIRGINIA IRON, COAL & COKE CO. v. WOODSIDE COTTON MILLS CO.

Circuit Court of Appeals, Fourth Circuit.

June 15, 1925.

Attorney(s) appearing for the Case

B. F. Martin, of Greenville, S. C. (Martin & Blythe and E. M. Blythe, all of Greenville, S. C., and L. A. Nuckols, of Roanoke, Va., on the brief), for plaintiff in error.

H. J. Haynsworth, of Greenville, S. C. (C. F. Haynsworth and Haynsworth & Haynsworth, all of Greenville, S. C., on the brief), for defendant in error.

Before WOODS, WADDILL, and ROSE, Circuit Judges.

WOODS, Circuit Judge.

This action was for the recovery of the purchase price of coal sold by plaintiff, Virginia Iron, Coal & Coke Company, to the defendant, Woodside Cotton Mills Company. Defendant admitted liability for the price of coal delivered, but set up a counterclaim for damages arising from the alleged breach by plaintiff of its contract to deliver coal. The only matters in issue on the trial were the validity and amount of the counterclaim.

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