Cumberland & O. V. R. R. v. Shelbyville, B. & O. R. R.
Court of Appeals of Kentucky
Case 10 — 'Aqtion by Cumberland & Ohio Valley R. R. Co. against the (Shelbyville, Bloomfield & Ohio R. R. Co. and L. & N. R. R. Co., for Specific Performance of Contract. APPEAL FROM SPENCER CIRCUIT COURT. From a Judgment Dismissing the Petition the Plaintiff Appeals.
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Case 10 — 'Aqtion by Cumberland & Ohio Valley R. R. Co. against the (Shelbyville, Bloomfield & Ohio R. R. Co. and L. & N. R. R. Co., for Specific Performance of Contract. APPEAL FROM SPENCER CIRCUIT COURT. From a Judgment Dismissing the Petition the Plaintiff Appeals. POINTS AND AUTHORITIES. 1. 'The statement shows an existing contract, first in parol, afterwards .ratified in writing, the terms of which writing were in themselves sufficient to evidence a contract, and which writings were in the shape of resolutions. A completed deed was drawn in pursuance thereof to be delivered on payment of…
1Opinion of the Court
*104Opinion of the court by
JUDGE O’REAR
Affirming.
This a suit by the Cumberland & Ohio Yalley Railroad Company, a railroad corporation, against the Shelbyville, Bloomfield & Ohio Railroad Company, and the Louisville & Nashville Railroad Company for the specific performance of an alleged contract of sale, by which plaintiff claims that the Shelby-ville, Bloomfield & Ohio Railroad Company undertook to •sell it (the Cumberland & Ohio Yalley Railroad Company) the railroad running from- Shelbyville to Bloomfield, formerly known as the Northern Division of the Cumberland & Ohio Railroad, and later known…
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