NOTTINGHAM & WRENN CO. v. AMERICAN COAL EXPORTING CO.


36 F.2d 982 (1929)

NOTTINGHAM & WRENN CO. v. AMERICAN COAL EXPORTING CO., Inc.

District Court, S. D. New York.

August 21, 1929.


Attorney(s) appearing for the Case

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (John W. Davis, Theodore Kiendl, and George M. Skinner, all of New York City, of counsel), for plaintiff.

Spitz & Bronberger, of New York City (Stanley W. Schaefer and Edgar R. Kraetzer, both of New York City, of counsel), for defendant.


THACHER, District Judge (after stating the facts as above).

If the agreement, the validity of which is now conceded, were to be construed in ignorance of the business to which it relates and the situation and necessities of the parties, one would say at once that the obligation expressed was to deliver coal actually produced from Monte Mines No. 1, No. 2, and No. 3. Indeed, the language is so plain that its normal meaning could hardly be made more clear. But words...

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