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CUB FORK COAL CO. v. FAIRMONT GLASS CO.

No. 3838.

19 F.2d 273 (1927)

CUB FORK COAL CO. et al. v. FAIRMONT GLASS CO.

Circuit Court of Appeals, Seventh Circuit.

May 27, 1927.

Attorney(s) appearing for the Case

Connor Hall, of Huntington, W. Va., for plaintiffs in error.

Paul Y. Davis, of Indianapolis, Ind., for defendant in error.

Before EVANS, PAGE, and ANDERSON, Circuit Judges.

EVANS, Circuit Judge.

This action was one for damages for alleged breach of contract. A judgment for defendant followed the rendition of a general verdict in its favor.

Plaintiff sold defendant 17,500 tons of coal to be delivered — 1,000 tons the first month (July), and 1,500 tons each month for the succeeding 11 months. The coal was to be "paragon or Cub Fork egg. In case shipper is unable for any reason to deliver the full tonnage in egg size, mine...

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