Shirley v. Waco Tap Railway Co.

HOBBY, Judge.—

This litigation, now for the third time upon appeal, had its origin in a suit brought by the plaintiff, T. M. Shirley, in July, 1870, against the Waco Tap Railway Company, to recover damages for the breach of a written contract by that company, which the parties had entered into for the construction of said company’s road from Bremond to Waco, Texas. A trial in February, 1875, resulted in a judgment in favor of Shirley for the sum of $107,682.95, which, upon appeal by the Waco Tap Railway Company, was reversed upon questions not recurring in nor connected with this appeal. It…