St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-11-15
A Twenty Thousand-Dollar Damage Suit
That Grew Out of the Late
Coal War.
Richard MeGarrick Wanders Into q
Shallow Pond on Dayton's Bluff,
and is Drowned.
Omciais From Sioux City Visit the
Northwestern Metropolis For
Useful Information.
The Irish National League--Ice Pal
ace Matters--N ews From Capt.
tai and Courts
A,RELIC OF THE WAR.
The Cut in Coal Entails a S2O.OOo
Damage Suit.

A case was filed in the district court yes
terday that will undoubtedly prove of con-
siderable interest, as it grew out Of. the re-
cent coal war, and the damage claimed Is
over $40, 600. The title of the case IS ii.
W. Armstrong and George IL. Mather, part
ners, known as II. w. Armstrong d Co. VS..
The st. Paul 81 Pacific Coal and Iron COM
PAW. The complaint alleges that II. w.
Armstrong and v Truesdell were dealers
in wood and coal. doing business in Min
neapolis previous to and until Aug. IS,
1885. under the name of the Minneapolis
Fuel company; that on the Goth day OF
June. 1885, the defendant and Armstrong
81 TrueSdell entered into contract whereby
the defendant agreed to sell and deliver to
Armstrong q Truesdell, free on board cars
49, Minneapolis, all anthracite coal needed
by them to supply their trade from that
date until May, 1886, at 1913 for nut ana
stove size, and $3.50 for egg and CRATE SIZE.
Armstrong & Truesdell agreed TO purchase
and receive from the defendant, under SAID
contract, all the anthracite coal needed III
their business during the period covered
by said contract to the amount of 10000
tons, the same to be ordered and delivered
as needed. The defendant agreed with
Armstrong & TruesdelI to protect them
against loss on said coal in the event that
competition in the coal trade in said city re-
duced the retail price of coal so much as to
compel said firm to retail the same at a
loss. Before the delivery of any coal to
Armstrong & TrueSdell under the contract
connection between the defendant and
other parties furnishing coal to Minneapo-
lis retail dealers led to the reduction of the
retail price Of coal greatly below the retail
price of coal at the date of said contract
and to competitive cutting in the retail
price of coal between the retail dealers pur-
chasing coal from and representing defend
ant and those purchasing coal from and
representing its rival wholesale dealers. In
order to hold its trade the defendant
and Armstrong d Truesdell, by mutual
agreement Aug. l, modified the contract of
June 26 as follows: That in consideration
of said firm of Armstrong 81 Truesdell
promising and agreeing with defendant to
permit the defendants general manager to
fix from time to time the retail price of coal
delivered by defendant to said firm, that the
defendant would deliver to said firm coal so
sold at prices fixed as aforesaid by defend
ants general manager at 70 cents ton less
than such retail price, it being agreed that
the difference of - cents a ton was simply
to reimburse said firm for the expense and
trouble of handling and delivering to con-
sumers without yielding said firm any profit
The complaint claims that between Aug. IA
and Sept. Is the plaintiff paid defendant OH
account of said anthracite coal delivered
and contracted as aforesaid to be delivered
by said defendant to these plaintiffs $13.-
Cos. O6, and that the defendant on Sept. IL
refused to deliver to the plaintiff any adj
ditional coal and have refused ever since
to deliver to the plaintiffs coal, and that in
order to supply their customers they were
obliged to pay IS, 1850 in excess of the
contract price at which the defendant agreed
to furnish them coal, and that in conse-
quence of the defendants violation of the
contract the plaintiff was damaged to the
amount of SIS, 000 and that by the refusal
of the defendant to deliver the coal to the
plaintiffs the defendant is indebted to the
plaintiff in the sum of Sc, 324. Is. Further
complaint is made that between the 1st of
August and the Goth of September, 1885,
Armstrong IL Truesdell, at the request of
defendant, received and delivered to Nc
Mullen 81 Co. $40 tons of coal, for which
service defendant promised to pay Arm
strong & Truesdell a reasonable value,
which was fixed at 159 so. no part of which
has been paid. The plaintiff demands
Judgment for the sum of $50, 1926, with
interest from the 18th day of September.