Davy Burnt Clay Ballast Co. v. St. Louis Southwestern Ry. Co. of Texas

This is an appeal from a final judgment of dismissal in the trial court. The following is a sufficient statement to understand the issues involved:

The suit was instituted by appellant, Davy Burnt Clay Ballast Company, against appel-lee, St. Louis Southwestern Railway Company of Texas, because of an alleged breach of contract. On a trial in the lower court a judgment was entered in favor of appellant, and appellee duly prosecuted its appeal to this court. A final judgment (288 S. W. 855), was entered in this court November 6, 1926, reversing and remanding the case to the lower court, no motion…