Southern Coal Co. v. R. & P. Construction Co.

The R. & P.' Construction Company, Inc., contracted to erect a switch track for the Texas & Pacific Railway Company. Plaintiff, the Southern Coal Company, sold coal to the R. & P. Construction Company, which was used as fuel in operating two locomotives which were employed for the purpose of conveying material needed in the construction of the switch .track. Plaintiff was not paid for its coal, and brought this suit for $350.02, the purchase price, against the R. & P. Construction Company, the Texas & Pacific Railway, and the Southern Surety Company; the latter being the surety on a bond…