Poland Coal Co. v. Rogers

Citations

• 260 Pa. 118
• 103 A. 559
• 1918 Pa. LEXIS 478

Syllabus

<p>Contracts — Construction—Bale of colee — Amount—Approximate total — Deliveries—Performance—Partial performance — Bet-off.</p> <p>Plaintiff agreed to deliver to defendants coke for a year for their “entire consumptive requirements, estimated at forty thousand (40,000) tons shipment in approximately equal monthly installments over the period below specified.” The contract further provided, “Each month’s deliveries to be treated and considered as a separate and independent contract.” Plaintiff delivered coke during part of the term of the contract, but later delivered an amount less than 3,333 1-3 tons each month. In an action for the price, the court directed the jury to give credit to the defendants against the claim of the plaintiff for coke purchased to make up such monthly deficiency. Defendants claimed further credit for coke demanded and not furnished over and above the approximate amount of 3,333 1-3 tons each month. Held, (1) that the direction to the jury to allow credit for loss in purchasing coke to make up the deficiencies was correct; (2) Defendant was not entitled to demand deliveries in excess of 3,333 1-3 tons a month.</p>