200 F. 393 | 2d Cir. | 1912
In March, 1909, the Skeele Company agreed to take 100,000 tons of coal from the Meriden Coal Company, in equal monthly proportions between April 1, 1909, and April 1, 1910, at 65 cents a ton f. o. b. mines. Early in April,. 1909, the Skeele Company repudiated the contract. The Meriden Company, after some negotiations, must be taken to have acquiesced in this repudiation in May, 1909, because after that it ceased to ask the Skeele Company for shipping directions and ceased to mine or to tender coal.
The Meriden Company mined some 1,500 tons of coal in April, and then closed the mines down to October 1, 1909, when it began again to mine and sell. The year is therefore divided into two periods, of six months each, during the first of which the Skeele Company should have taken 50,000 tons which it did not take, and during which the Meriden Company ceased to mine, and during the second of which the Skeele Company should have taken 50,000 tons, which it did not take, and the Meriden Company did mine and sell to others about 33,000 tons.
The judgment is affirmed.