PICKANDS, MATHER & CO. v. H. A. & D. W. KUHN & CO.

No. 4397.

8 F.2d 704 (1925)

PICKANDS, MATHER & CO. v. H. A. & D. W. KUHN & CO.

Circuit Court of Appeals, Sixth Circuit.

November 5, 1925.


Attorney(s) appearing for the Case

Horace Andrews, of Cleveland, Ohio, and David B. Day, of Canton, Ohio (Andrews & Belden, of Cleveland, Ohio, and M. B. & H. H. Johnson, of Cleveland, Ohio, on the brief), for plaintiff in error.

Geo. H. Eichelberger, of Cleveland, Ohio, and Rufus S. Marriner, of Washington, Pa. (Howard F. Burns, of Cleveland, Ohio, on the brief), for defendant in error.

Before DONAHUE and MOORMAN, Circuit Judges, and SESSIONS, District Judge.


MOORMAN, Circuit Judge.

This is a suit by H. A. & D. W. Kuhn & Co. to recover damages from Pickands, Mather & Co. for the breach of a contract entered into March 30, 1920, by which the latter company agreed to purchase from the former 180,000 tons of coal, to be delivered during the year beginning April 1, 1920, and ending March 31, 1921, in equal monthly installments of 15,000 tons, the contract price to be $4.25 a ton f. o. b. cars at the seller's mine...

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