WOOLLEY, Circuit Judge.
The plaintiffs had judgment on a directed verdict. The defendant appealed.
The plaintiffs sued to recover a balance they claim to be due for coal which Charles A. Hughes, their decedent, delivered and E. I. duPont deNemours & Company accepted and used under a government order during the war. The action is laid in assumpsit. As there was, admittedly, no express contract between the parties, the action must be in indebitatus assumpsit...
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