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EASTERN COAL CORP. v. McNALLY PITTSBURG MFG. CORP.

No. 13860.

274 F.2d 157 (1960)

EASTERN COAL CORPORATION, Appellant, v. McNALLY PITTSBURG MANUFACTURING CORPORATION, Appellee.

United States Court of Appeals Sixth Circuit.

January 13, 1960.

Attorney(s) appearing for the Case

George Richardson, Jr., Bluefield, W. Va., and Paul S. Hudgins, Huntington, W. Va.; J. Peyton Hobson, Jr., Pikeville, Ky., on the brief, for appellant.

C. Kilmer Combs, Prestonsburg, Ky., and Henry S. Willard, Wellston, Ohio; Combs & Combs, Prestonsburg, Ky., Reese & Willard, Wellston, Ohio, on the brief, for appellee.

Before McALLISTER, Chief Judge, and MARTIN and CECIL, Circuit Judges.

PER CURIAM.

Appellee contracted to design, fabricate, erect, and adjust for appellant, certain machinery, "entirely suitable" for cleaning coal. The contract was silent as to the time in which it was to be performed. However, the agreement provided that appellee reserved the right to make, at no cost to appellant, such changes in materials or arrangements, as in its judgment, were essential for the proper operation of the plant. It provided for shipment of the fabricated...

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