Michigan Supreme Court May 3, 1912, Docket No. 95 (Columbus & Hocking Coal & Iron Co. v. See)

Bird, J.

Plaintiff brought this action to recover the contract price of a cargo of coal sold to defendants in the summer of 1908. In the trial court the defendants prevailed, and the plaintiff has assigned error.

The plaintiff, being desirous of selling coal to defendants, sent them a sample car of coal. It proved to be as represented, and defendants ordered a cargo.