Bowman v. Cochran Coal Co.

Citations

• 77 Pa. Super. 118
• 1921 Pa. Super. LEXIS 220

Syllabus

<p>Contracts — Breach of contract — Damages—Case for jury.</p> <p>In an áetion of assumpsit, for damages for breach of contract to furnish coal to the plaintiff, it .appeared that the defendant through its agent, had contracted to furnish coal at the rate specified in accordance with the contract, in consideration of the plaintiff’s relinquishing certain mining rights.</p> <p>The contract consisted of an oral agreement which the plaintiff alleged provided that he was to receive $75 and be furnished coal for Ms trade at four cents a bushel, as long as the mine was operated, not to exceed fifty years. The defendant denied the allegations of the plaintiff, although it was proven that the agreement had already continued in force for ten years, and that the defendant had already received the benefits of the agreement in regard to the relinquisMng of the mining rights of the plaintiff. Under such circumstances, the case was for the jury and it was reversible error to give binding instructions in favor of the defendant.</p>