Show I IS ALLEGED IN SUIT Scranton Mining Making and Smelting Company Com Company Company pany Defendant in Action for Damages Alleging that an agreement to supply a certain number of tons of zinc ore had hadnot hadnot inot not been fulfilled suit was tiled flied in tire the th United States circuit court Tuesday by I LUdwig Ernest G and andI Benjamin Hirsch partners doing business I as Ludwig Co Cp against the Scranton Mining Smelting company a it corporation doing business In this state Damages of n 10 are asked The statement sets forth that Vogel stein Co have hae had their principal of office office fice In New York being in the business of ot buying bu and selling ores and It is al at alleged alleged that thit on Dec Dee 14 1906 the mining and smelting company cNn any agreed to ship from Its property in the North mining district Juab county count to Kansas City Mo at least 1000 tons of zinc ore a month between Jan 1 and Dec 31 1907 1901 It Is said the company compan did not ship this much falling short of ol the tons for forthe forthe forthe the year by b a little over tons tonsOn tonsOn tonsOn On Oct 1 I 1909 1009 and his as associates associates associates at the request of the mining company com pany permitted the discontinuance of I the shipments under the contract but It ItIs ItIs itis Is alleged that the mining company al although although though asked several sev r l times to do so has failed ailed to ship the rest of the amount contracted for during 1907 and that It has shipped to others under a contract with the American Metals company for the sale of the entire product of the mine It is alleged that the difference between the market value of the ores produced d dby by the mining company about 21 a ton and the price payable by Co under their contract t about 1150 a aton at aton ton t n Is a ton and the damages asked for the 1409 tons alleged to have been not delivered is |