Jellico Hardware Co. v. Pine Mountain Railroad

Opinion of the Court by

William Rogers Clay, Commissioner

Affirming’.

Plaintiff, Jellico Hardware Company, brought this suit under section 518, Civil Code, for a new trial of the action of Jellico Hardware Company v. Pine Mountain Railroad Company,’ etc., which was consolidated with the action of P. J. Millett v. T. J. Swift, et al. A demurrer was sustained to the petition and the petition dismissed. Plaintiff appeals.

It appears that in the year 1907, P. J. Millett entered into a contract with the Louisville & Nashville Railroad Company to construct for it and the Pine Mountain Railroad Company…