{
  "id": 2886895,
  "name": "Wasson Coal Company, Appellee, v. American Refractories Company, Appellant",
  "name_abbreviation": "Wasson Coal Co. v. American Refractories Co.",
  "decision_date": "1915-04-15",
  "docket_number": "Glen. No. 6,043",
  "first_page": "374",
  "last_page": "376",
  "citations": [
    {
      "type": "official",
      "cite": "193 Ill. App. 374"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 247,
    "char_count": 4470,
    "ocr_confidence": 0.56,
    "sha256": "10858aa7f8d6bfce9adce04135d490334bc104481c4a5c08c587b4bb9e40f0a4",
    "simhash": "1:0b254db40cc576ec",
    "word_count": 774
  },
  "last_updated": "2023-07-14T21:10:43.610055+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Wasson Coal Company, Appellee, v. American Refractories Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Dibell\ndelivered the opinion of the court.\n\"6. Evidence, \u00a7 160 \u2014when statement of claim of damages admissible. In an action for coal furnished the defendant in which he claimed damages for \u00e1 shortage, a written statement of his claim submitted to the plaintiff may be considered by the jury when not made as an offer of compromise, where the amount therein claimed was less than that demanded at the trial.",
        "type": "majority",
        "author": "Mr. Justice Dibell"
      }
    ],
    "attorneys": [
      "O\u2019Donnell, Donovan & Bray and Knapp & Campbell, for appellant; John E. Cochran and Harry I. Allen, of counsel.",
      "Garnsey, Wood & Lennon and W. C. Kane, for appellee."
    ],
    "corrections": "",
    "head_matter": "Wasson Coal Company, Appellee, v. American Refractories Company, Appellant.\nGlen. No. 6,043.\n(Not to be reported in full.)\nAppeal from the Circuit Court of Will county; the Hon. Frank L. Hooper, Judge, presiding.\nHeard in this court at the April term, 1915.\nReversed and remanded.\nOpinion filed April 15, 1915.\nStatement of the Case.\nAction by the Wasson Coal Company against the American Refractories Company for a balance due for coal delivered the latter under a contract to supply it all the coal of a certain size which it required for use in its factories for a designated term. The defendant claimed a set-off for damages caused by the plaintiff\u2019s failure to deliver 1,807 tons of coal which the defendant ordered and required, and which it was compelled to obtain elsewhere at an increase over the contract price. At the trial a judgment was rendered for the plaintiff for the full amount of its claim, and the defendant appeals.\nThe evidence showed that during the period covered by the contract the plaintiff produced more than enough coal to supply the defendant\u2019s needs, and that it had no excuse for not doing so, and that the defendant used diligence in obtaining the necessary coal elsewhere. There was no evidence to show that the defendant ordered coal in excess of its daily needs in order to store it for use after the expiration, of the contract; although it appeared that on the plaintiff\u2019s failure to supply coal that the defendant took a sufficient quantity to answer its immediate need from a supply which it had obtained elsewhere and had in storage.\nO\u2019Donnell, Donovan & Bray and Knapp & Campbell, for appellant; John E. Cochran and Harry I. Allen, of counsel.\nAbstract of the Decision.\n1. Sales, \u00a7 130a \u2014what constitutes breach of contract to supply coal. In an action to recover for coal of a certain size delivered the defendant under a contract to supply the daily needs of a factory for a designated term, in which he claimed damages for the plaintiff\u2019s failure to supply all the coal needed and ordered, the evidence held to show that the plaintiff\u2019s failure was not due to a shortage of coal.\n2. Sales, \u00a7 130a*\u2014when purchaser may talce shortage in coal contracted for from coal obtained elsewhere. Where the plaintiff contracted to supply the defendant with all of the coal of a certain size his daily needs required for a designated term, and on the failure of the plaintiff to deliver coal ordered the defendant took coal for his immediate need from a supply on hand which he had obtained elsewhere, held that he could replace it with coal subsequently furnished by the plaintiff, and that in so doing he did not order coal in excess of his daily needs.\n3. Sales, \u00a7 140*\u2014diligence of buyer. in purchasing elsewhere on failure of seller to deliver. On the failure of a seller to supply all of the coal a vendee required for the daily use of his factory, as the former had contracted to do, held that the latter used diligence in purchasing coal elsewhere, although at an advance in price.\n4. Sales, \u00a7 402*\u2014when instruction as to measure of damages for failure to deliver improper. An instruction in an action in which the defendant claimed damages for the failure of the plaintiff to supply coal as he had contracted to do, which compelled the former to use coal obtained elsewhere and stored for future use, 'that the measure of damages was the difference between the contract price and the fair market value of the stored coal at the time it was used, held erroneous, where the evidence did not show the day the coal was used.\n5. Instructions, \u00a7 119*\u2014when instruction containing correct statement of law properly refused. A requested instruction containing a correct statement o\u00ed the law is properly refused when there is no evidence on which it may be based.\nGarnsey, Wood & Lennon and W. C. Kane, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number. ,"
  },
  "file_name": "0374-01",
  "first_page_order": 396,
  "last_page_order": 398
}