Batsell v. St. Louis, Arkansas & Texas Railway Co.

RAINEY, Associate Justice.

Appellant brought this suit against appellee, to recover $1900, paid to appellee on an executory contract, the conditions of which, it is alleged, the appellee failed to perform.

The appellant, among others, became a party to a subscription contract, by which each became liable for the payment of the amount only opposite his name, conditioned that the appellee would construct, equip, and maintain a railroad from Mount Pleasant to Sherman. By the terms of said instrument, a committee was designated and empowered to make a •contract, in conformity with the terms of said…