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F.S. & P. COAL CO. v. INTER-MOUNTAIN COALS

No. 17430.

366 S.E.2d 638 (1988)

F.S. & P. COAL COMPANY v. INTER-MOUNTAIN COALS, INC.

Supreme Court of Appeals of West Virginia.

February 23, 1988.

Attorney(s) appearing for the Case

J.M. Tully, Summersville, for appellant.

Callaghan & Ruckman, Summersville, for appellee.

NEELY, Justice:

In December 1979, the appellant, F.S. & P. Coal Company, Inc., agreed to sell coal to the appellee, Inter-Mountain Coals, Inc. with payment based upon sampling and quality testing. In accord with that agreement, F.S. & P. Coal Company shipped 2,690.95 tons of coal to Inter-Mountain Coals, Inc. Apparently this shipment was combined by the appellee with coal from other sources. The appellee analyzed a total shipment of 6,072.45 tons of coal and...

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