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Contracts Keyed to Fuller
Wickham & Burton Coal Co. v. Farmers’ Lumber Co.
Facts
Wickham & Burton Coal Co. (Plaintiff) and lumber company Farmers’ Lumber Co. (Defendant) entered into an oral agreement whereby Plaintiff agreed to provide Defendant all the coal Defendant required at a specified price. Plaintiff filed demurrer stating (1) arrangement between parties is void for uncertainty; (2) lack of consideration; and (3) lacks mutuality of obligation. Defendant filed a counterclaim because it was forced to purchase coal on the open market at a rate higher than the contract rate, seeking the difference between the market price and the contract price. A judgment was rendered for Plaintiff. Defendant appealed.
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