This section contains the nature of the case and procedural background.

Crail (P) a coal dealer, purchased a carload of coal which was in transit and weighed at shipment 88,700 pounds. On delivery, there was a shortage of 5,500 pounds. The shipment was intended to be, and was, added to P's stock of coal for resale. The shortage did not interfere with the maintenance of his usual stock. P lost no sales and purchased no coal to replace the shortage, except in carload lots. Before and after this delivery, P purchased coal at $5.50 per ton, plus freight. The market price in Minneapolis for like coal sold at retail in less than carload lots was $13 per ton including $3.30 freight. P sued D for damages. On the first trial, the district court gave judgment for the wholesale value of the coal not delivered. The court of appeals reversed the judgment, holding that it should have been for the retail value of the coal. Upon retrial, the district court gave judgment accordingly, which was affirmed. D appealed.

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