Ingram Freezers v. Atchison, Topeka & Santa Fe Railway Co.

BATEMAN, Justice.

This is a suit for damages for breach of contract. The plaintiffs were the appellant, Ingram Freezers, a partnership, and Prop, Inc. They alleged Prop, Inc. to be the owner, and Ingram Freezers the lessee, of the Third Unit of the Santa Fe Building in Dallas. They alleged that the defendant-appellee breached a contract to continue to furnish rail service to that building as long as the plaintiffs desired it. The case was tried before a jury, but when the plaintiffs rested the trial court granted appellee’s motion for instructed verdict, withdrew the cause from the jury and…