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FT. DEARBORN COAL CO. v. BORDERLAND COAL SALES CO.

No. 4313.

7 F.2d 441 (1925)

FT. DEARBORN COAL CO. v. BORDERLAND COAL SALES CO.

Circuit Court of Appeals, Sixth Circuit.

July 3, 1925.

Attorney(s) appearing for the Case

Walter K. Sibbald, of Cincinnati, Ohio, for plaintiff in error.

Charles J. Hunt, of Cincinnati, Ohio (Hunt, Bennett & Utter, of Cincinnati, Ohio, on the brief), for defendant in error.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

DONAHUE, Circuit Judge (after stating the facts as above).

It is clear, from this evidence introduced by the plaintiff, that there was no written contract and no written memorandum of any claimed verbal contract signed by the Borderland Company. So far as appears from this record, the Borderland Company would have been justified in the belief that the rejection and return of this written order ended the transaction. It necessarily follows that whatever shipments were...

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