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WILLIAM C. ATWATER & CO. v. TERMINAL COAL CORPORATION

No. 3621.

115 F.2d 887 (1940)

WILLIAM C. ATWATER & CO., Inc., v. TERMINAL COAL CORPORATION.

Circuit Court of Appeals, First Circuit.

December 3, 1940.

Attorney(s) appearing for the Case

Charles J. Miller, of Boston, Mass., for appellant.

C. Frank Reavis, of New York City (Warran, Garfield, Whiteside & Lamson, John Noble, Jr., and David Stoneman, all of Boston, Mass., and Hodges, Reavis, Pantaleoni & Downey and Martin D. Jacobs, all of New York City, on the brief), for appellee.

Before MAGRUDER and MAHONEY, Circuit Judges, and McLELLAN, District Judge.

PER CURIAM.

In a suit for breach of contract to buy coal, the District Court, after a trial without a jury, gave judgment for the defendant. The judgment must be affirmed for the reasons fully and adequately set forth in the opinion of the District Court, 32 F.Supp. 178.

Considering the wording of the contract, the circumstances of its execution, and the subsequent conduct of...

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