256 Pa. 295 | Pa. | 1917
Opinion by
Plaintiffs agreed to sell and ship colee to defendants under a contract, which, so far as material to the question here involved, provided that: “The seller hereby sells and agrees to ship to the buyer, and the buyer agrees to purchase and receive approximately ninety-six thousand (96,000) to one hundred and twenty thousand (120,000) net tons of 2,000 pounds each of standard 48-hour Connelsville Coke, during the period beginning July 1st, 1911, and expiring June 30th, 1912, shipments to be made as hereinafter set forth.” And further, that “Shipments are to be made in about equal monthly quantities of eight thousand (8,000) to ten thousand (10,-000) tons as specified by the buyer, and' the coke is to' be shipped to any point or points that the buyer may elect.” At no time was there any specific total or monthly
The contract is an entire one for a quantity of coke between specified maximum and minimum amounts, to be shipped in “about equal” monthly installments as specified by the buyers, and to such places as may be designated. Until the buyers indicated the quantity and place of shipment the sellers could do nothing. The burden of making the first move was, by the express terms of the contract, - placed on defendants. At their option they
The judgment is affirmed.