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PENOWA COAL SALES CO. v. GIBBS & CO.

[No. 69, October Term, 1951.]

199 Md. 114 (1952)

85 A.2d 464

PENOWA COAL SALES CO. v. GIBBS & CO. ET AL.

Court of Appeals of Maryland.

Decided January 11, 1952.

Attorney(s) appearing for the Case

Roger A. Clapp, with whom were Hershey, Donaldson, Williams & Stanley, on the brief, for appellant.

Joseph T. Brennan, 2nd., with whom was Charles Ruzicka, on the brief, for Gibbs & Co., Inc., appellee.

Walter A. Feldman, for C.W. Hendley & Co., Inc., Appellee.

The cause was argued before MARBURY, C.J., and DELAPLAINE, COLLINS, HENDERSON and MARKELL, JJ.

DELAPLAINE, J., delivered the opinion of the Court.

This suit was brought by Penowa Coal Sales Company, a Pennsylvania corporation, in the Superior Court of Baltimore City against Gibbs & Company, Inc., a Baltimore canner, and C.W. Hendley & Company, Inc., a Baltimore coal dealer. Plaintiff alleged in the declaration: (1) that on November 12, 1946, Hendley sold to Gibbs 327.85 tons of coal at $6.75 per ton, whereby Gibbs became indebted to Hendley in the amount...

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