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THOMAS v. ALLEGHENY & EASTERN COAL CO.

309 Pa.Super. 333 (1982)

455 A.2d 637

Jeanine THOMAS, Trading and doing business as Thomas Bros. Coal Company v. ALLEGHENY & EASTERN COAL CO., Appellant.

Superior Court of Pennsylvania.

Filed November 30, 1982.

Reargument Denied February 11, 1983.

Petition for Allowance of Appeal Denied June 9, 1983.

Attorney(s) appearing for the Case

Laurance B. Seaman, Clearfield, for appellant.

Carl A. Belin, Clearfield, for appellee.

Before ROWLEY, MONTEMURO and VAN der VOORT, JJ.

VAN der VOORT, Judge:

Plaintiff-appellee, Thomas, contracted by purchase order and several amendments thereto, to supply to defendant-appellant, Allegheny & Eastern Coal Co. (hereafter referred to as Allegheny) 20,000 tons of coal at $14.25 per ton. The coal was to be shipped f.o.b. the mines (in Pennsylvania) and consigned to "Allegheny & Eastern Coal Co. for the Acct. of Foreston Coal Internation, Inc." The destination was

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