Court of Appeals for the Sixth Circuit December 20, 1905, No. 1,423 (Luhrig Coal Co. v. Jones & Adams Co.)

SEVERENS, Circuit Judge,

having made the foregoing statement,, delivered the opinion of the court.

It seems preferable to consider first the rulings of the trial court upon the question of the legality of the stipulation contained in clause 5 of the contract, concerning the manner in which the coal should be prepared for delivery.