“The sale has, therefore, not been consummated and cannot be consummated until the higher court has affirmed the decision of the lower one or reversed it.”
“That is also true, Mr. Gallatin,” said Leuppold. “Proceed, sir.”
Gallatin hesitated, his brows drew together and his voice took a deeper note.
“This case, Mr. Leuppold, is one which involves not only large issues but large principles. The Sanborn Mining Company owns the most valuable coal properties, with the possible exception of those owned by the Pequot Coal Company, in the State of Pennsylvania, and until 1909 was doing an enormous business with the trade centers of the East, working at full capacity and employing an army of men in getting its coal to market. Its only rival in production was the Pequot Coal Company, of which Mr. Loring, as he has admitted, controls the majority of the stock.
“In the summer of 1909, conditions changed. The Lehigh and Pottsville Railroad Company found it impossible to furnish cars to the Sanborn mines. I have copies of the correspondence, relating to the matter: repeated letters of request on the part of the Sanborn Company and excuses on the part of the railroad company, as well as frequent promises which were never fulfilled.”
“What has that to do with the pending suit?” asked Leuppold carelessly, with an effective shrug of his shoulder.
“I’m coming to that, Mr. Leuppold. And I ask for your patience,” said Gallatin. “This failure of the railroad company to provide facilities for the shipment of the coal of the Sanborn Mines,” he continued, “is all the more remarkable when it is known that while this very correspondence was going on, its sidings between Phillipsville and Williamstown were full of empty cars, and when it is also known that the Pequot Coal Company was working on full time and shipping to New York City, alone, one hundred and fifty cars of coal a day.”
“We had contracts with the railroad,” snapped Loring. “We forced them to provide for us.”
“So had the Sanborn Company contracts, Mr. Loring,” said Gallatin.
“Really!” sneered Loring.