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ROBERT P. HYAMS COAL CO. v. CORONA COAL CO.

No. 5446.

31 F.2d 435 (1929)

ROBERT P. HYAMS COAL CO., Limited, v. CORONA COAL CO.

Circuit Court of Appeals, Fifth Circuit.

March 26, 1929.

Attorney(s) appearing for the Case

John S. Stone and J. H. Bankhead, Jr., both of Birmingham, Ala. (McClellan & Stone and Bankhead & Bankhead, all of Birmingham, Ala., on the brief), for appellant.

Arthur F. Fite, of Jasper, Ala., and A. Leo Oberdorfer, of Birmingham, Ala., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

Appellant brought this suit to recover the difference between the contract price and the market price of a quantity of coal.

Appellee agreed to sell to appellant 30,000 tons of coal for export, to be delivered 3,000 tons monthly over a period extending from October of 1919 through July of 1920. Appellant on its part agreed to accept and pay for the coal, the price of which was to be reduced by 50 cents per ton after delivery of 15,000...

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