Stanley Matthews

“ The object of the test evidently was to determine, on the part of the complainants for themselves, whether they were willing to run the risk of using coke to be manufactured by the coal company from the slack of their mines at the price offered. The coke which was subsequently furnished under the contract was used by the complainants, and paid for according to the contract, without objection, except as to a lot furnished in December, 1872, which was complained of as being inferior. ”

“ From this decree an appeal is prosecuted by the original complainants, and also by the defendants, by way of cross-appeal, from so much as dismisses their cross-bill.
From a careful examination of all the evidence in the cause, we are satisfied with the conclusions of the circuit court. We find as matter of fact that the sale of coke was not by sample. A trial lot of 34 car-loads, prior to the making of the contract, was furnished and used, the complainants being satisfied with it ”

“ We were accumulating stock, and stopped shipments from Fairmont, and curtailed from Connellsville; have no definite idea at what time we shall again need.' No further communications appear to have taken place between the parties until the beginning of the action at law. ”