Riley v. Cumberland & Manchseter Railway Co.

Opinion of the Court by

Judge Logan

Affirming.

Appellants were partners in the timber business. They purchased a boundary of timber and entered into a contract with, appellee to construct a side track to. enable them to market their timber. For some reason or another appellee failed to construct the track in accordance with its agreement after appellants had fully complied with their part of the contract. They instituted a suit in the Clay circuit court asking for a specific performance of the contract which was granted, and appellee immediately proceeded with the completion of its part of the…