FAIRMOUNT GLASS WORKS V. CUB FORK COAL CO.
287 U.S. 474 (1933)
NATURE OF THE CASE: This was a breach of contract action.
FACTS: Cub (P) sued Fairmont (D) for a breach of contract to buy 17,500 tons of coal at
$6.50 per ton f.o.b. Three trials were had before a jury and the verdict went to D on two of
them. On the last one, the verdict went to P for $1. P appealed. The issue was over 11
related instructions regarding the measure of damages. The trial court refused a new trial.
The Court of Appeals ordered additur if the parties could reach agreement and if not it
ordered a new trial. The parties did not reach agreement and the new trial for damages and
the counterclaim was ordered. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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