MURRAY v. CHICAGO, ST. P., M. & O. RY. CO.

Nos. 4919, 4933.

65 F.2d 312 (1933)

MURRAY v. CHICAGO, ST. P., M. & O. RY. CO. CHICAGO, ST. P., M. & O. RY. CO. v. MURRAY.

Circuit Court of Appeals, Seventh Circuit.

May 19, 1933.


Attorney(s) appearing for the Case

Edward D. Pomeroy and Henry T. Martin, both of Chicago, Ill., for Thomas F. Murray.

William T. Faricy, Nelson J. Wilcox, Nelson Trottman, and I. C. Belden, all of Chicago, Ill., for Chicago, St. P., M. & O. Ry. Co.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.


SPARKS, Circuit Judge (after stating the facts as above).

On July 8, 1921, Murray and the Omaha entered into three contracts which were identical except as to tonnage and the location of the mines from which the coal was to be taken. They provided for the sale by Murray to the Omaha over a period of nine months from July 1, 1921, to March 31, 1922, of certain amounts of coal at a price of $2.70 per ton for mine run, and $2.90 per ton for egg coal, f. o. b. Peoria...

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