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EDWARDSVILLE COAL CO. v. CROWN COAL & COKE CO.

No. 7770.

20 F.2d 890 (1927)

EDWARDSVILLE COAL CO. v. CROWN COAL & COKE CO.

Circuit Court of Appeals, Eighth Circuit.

July 28, 1927.

Attorney(s) appearing for the Case

Douglas W. Robert, of St. Louis, Mo., for plaintiff in error.

Rhodes E. Cave, of St. Louis, Mo. (Bryan, Williams & Cave, of St. Louis, Mo., on the brief), for defendant in error.

Before KENYON, Circuit Judge, and MOLYNEAUX and JOHN B. SANBORN, District Judges.

JOHN B. SANBORN, District Judge.

The Crown Coal & Coke Company brought suit against the Edwardsville Coal Company for damages for breach of contract. The plaintiff claimed that on April 19, 1920, it made a contract with the defendant, by which the defendant sold and agreed to deliver 100 cars of Edwardsville coal, two-inch, shaker screen lump, at $2.75 per ton f. o. b. mine, Edwardsville, Ill., and 100 cars of Edwardsville lump or egg coal, at $2.75 per

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