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DETROIT EDISON CO. v. WYATT COAL CO.

No. 2243.

1 F.2d 788 (1924)

DETROIT EDISON CO. v. WYATT COAL CO.

Circuit Court of Appeals, Fourth Circuit.

September 29, 1924.

Attorney(s) appearing for the Case

James V. Oxtoby, of Detroit, Mich., and T. Brooke Price, of Charleston, W. Va. (Ernest E. Winters, Jr., of Huntington, W. Va., Price, Smith & Spilman, of Charleston, W. Va., and Oxtoby, Robison & Hull, of Detroit, Mich., on the brief), for plaintiff in error.

George Poffenbarger, of Charleston, W. Va. (Poffenbarger, Blue & Dayton, of Charleston, W. Va., on the brief), for defendant in error.

Before WOODS, WADDILL, and ROSE, Circuit Judges.

WOODS, Circuit Judge.

In this action for the breach of a contract for the sale of coal the District Judge directed a verdict for the defendant. The facts are not in dispute, and the inquiry is whether the plaintiff is entitled to recover for defendant's breach of the contract, and, if so, on what basis.

The contract dated June 27, 1916, was for the sale of 75,000 tons of coal, to be delivered in quantities specified for each month from July, 1916, to June...

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