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SMAIL v. PENOWA COAL SALES CO.

170 Pa.Super. 312 (1952)

Smail v. Penowa Coal Sales Company, Appellant.

Superior Court of Pennsylvania.

January 17, 1952.

Attorney(s) appearing for the Case

J. Leonard Smith, Jr., with him Paul E. Hutchinson and Reed, Smith, Shaw & McClay, for appellant.

Thomas L. Wentling, with him Patterson, Crawford, Arensberg & Dunn, for appellees.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS, ARNOLD and GUNTHER, JJ.

OPINION BY DITHRICH, J., January 17, 1952:

Plaintiffs are partners trading as the Smail Coal Company and as such are engaged in the strip mining business. They brought this action in assumpsit against the defendant, Penowa Coal Sales Company, to recover $2725.63, with interest, alleged to be due under an oral contract pursuant to which plaintiffs sold and defendant bought 18 carloads of coal containing 1090 tons...

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