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Mitsui Bussan Kaisha Vs. Manila Electric Railroad And Light Company 039 Phil 624

MITSUI BUSSAN KAISHA, plaintiff-appellee, vs. THE MANILA ELECTRIC RAILROAD AND LIGHT COMPANY, defendant-appellant.

G.R. No. 13753 | 1919-02-15

D E C I S I O N


STREET, J .:

Prior to December 23, 1914, the plaintiff corporation, Mitsui Bussan Kaisha, had contracted to sell large quantities of coal to the defendant, the Manila Electric Railroad and Light Company. Deliveries under this contract were made from time to time to meet the requirements of the defendant company from shipments arriving from Japan. The basic price fixed in the contract was P9.45 per long ton, but it was stipulated that the price was subject to modification "in proportion to variations in calories and ash content, and not otherwise." This means of course that the price could be made certain by the...