Scott v. Louisville & N. R. Co.

Mb.. Justice DeHaven

delivered tlie opinion of the Court.

This is an action brought by Frank it. Scott against the Louisville & Nashville Railroad Company to recover damages for the alleged'breach of a contract made by him, as agent of the Rex-Jellico Coal Company, covering the sale of 34,500 tons of coal to the railroad company. It was averred in thei declaration, in substance, that the railroad company breached the contract by refusing to accept and pay for 22,210 tons of coal it had agreed to take, and that the plaintiff, Scott, had and was entitled to a commission, as agent for the…