McKeever, Cook & Co. v. Canonsburg Iron Co.

Citations

• 138 Pa. 184

Syllabus

<p>(a) By a contract in writing, plaintiffs agreed to supply to defendants “ wliat coal you will require for your mill for three years,” at certain prices specified for “ forked coal,” “run of mines ” and “ slack.” At the time of the contract, natural gas for use as a fuel was unknown within the county where the mill was situated:</p> <p>1. Defendants having subsequently introduced natural gas into their mill, thereafter using a less quantity of coal, and that nut coal purchased from another firm, they were liable to the plaintiffs, not for the coal they would have required had they not introduced gas, but only for the coal necessary for consumption after its introduction.</p> <p>2. Though nut coal was not specifically named as such in the contract, yet, the contract embracing all the coal required, and there being evidence that the nut coal purchased from the other firm took the place of slack, the defendants had no right to make use of it, without liability to the plaintiffs.</p>