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

On August 7, 1890, P and D made a written contract by which D agreed to purchase its entire demand for coal usage from P at the rate of $1.90 per ton which after deducting freight would net P $1 per ton. P and D were both experienced in the coal marketplace and understood clearly about the ups and downs of prices dependent on weather etc. The contract was to run for one year. During the time from August 1, 1890, to May 13, 1891, P would have gotten $333 more for the coal had it been priced at market. After May 13, 1891, D refused to take any more coal from P. The contract did not bind D to take any specific amount of coal from P, but D’s average monthly coal usage was 434.25 tons per month. If D had continued to take delivery of that sum for the balance of the contract, P would have made a total profit of $304.22. P requested the jury be instructed that P was entitled to recover the market value of all the deliveries made under the contract less the cost of the coal delivered. The trial court refused this instruction and directed the jury to find for P for nominal damages only. This appeal resulted.

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