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JEANINE THOMAS v. ALLEGHENY & EASTERN COAL CO. (05/19/82)

argued: May 19, 1982.

JEANINE THOMAS, TRADING AND DOING BUSINESS AS THOMAS BROS. COAL COMPANY
v.
ALLEGHENY & EASTERN COAL CO., APPELLANT



NO. 885 PITTSBURGH, 1980, Appeal from the Judgment of the Court of Common Pleas, Civil Action-Law, of Clearfield County, at No. 78-724 C.D.

COUNSEL

Laurance B. Seaman, Clearfield, for appellant.

Carl A. Belin, Clearfield, for appellee.

Rowley, Montemuro and Van der Voort, JJ.

Author: Van Der Voort

[ 309 Pa. Super. Page 335]

Plaintiff-appellee, Thomas, contracted by purchase order and several amendments thereto, to supply to defendant-appellant, Allegheny & Eastern Coal Co. (hereafter referred to as Allegheny) 20,000 tons of coal at $14.25 per ton. The coal was to be shipped f.o.b. the mines (in Pennsylvania) and consigned to "Allegheny & Eastern Coal Co. for the Acct. of Foreston Coal Internation, Inc." The destination was

[ 309 Pa. Super. Page 336]

Baltimore, Maryland. The stated "guarantees" on the "Purchase Order" read as follows:

Guarantees: SPECIFICATIONS:

B.T.U. 13000*fn1 Min. (B.T.U.'s will be

     guaranteed

     determined by samples

     taken at Baltimore)

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