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DAVISON FUEL & DOCK COMPANY v. PICKANDS MATHER & COMPANY

No. C-76184.

54 Ohio App. 2d 177 (1977)

DAVISON FUEL & DOCK COMPANY, APPELLEE, v. PICKANDS MATHER & COMPANY ET AL., APPELLANT.

Court of Appeals of Ohio, Hamilton County.

Decided September 14, 1977.

Attorney(s) appearing for the Case

Messrs. Paxton & Seasongood, and Mr. Jacob K. Stein, for appellee.

Messrs. Dinsmore, Shohl, Coates & Deupree, Mr. John W. Beatty, Mr. David W. Jones, Messrs. Arter & Hadden, Mr. John E. Martindale and Mr. Thomas V. Koykka, for appellant Pickands Mather & Co.

Messrs. Thomas A. Luebbers, Mr. Timothy L. Bouscaren, Messrs. Taft, Stettinius & Hollister, Mr. Robert G. Stachler and Mr. W. Stuart Dornette, for appellee. The University of Cincinnati and Directors individually.

Messrs. Frost & Jacobs and Mr. James G. Headley for appellee Sentry Insurance Company.

PALMER, J.

In July 1973, plaintiff Davison Fuel & Dock Co. (Davison) entered into a contract with the University of Cincinnati, one defendant-appellee herein, to supply 50,000 tons of coal to the University for an agreed price of $16.15 per ton. The contract specified that the coal to be supplied by Davison was, inter alia, to contain no more than nine per cent ash and one per cent sulphur, with a heat content of 13,000 B. t. u.'s per ton. Davison, in turn...

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