Sandy Valley & Elkhorn Railway Co. v. Hughes

Opinion of the Court by

Judge Thomas

Reversing.

This is the second appeal of this case. The first opinion on the former appeal is reported in 172 Ky. 65, and the second opinion, rendered upon a petition for rehearing, is reported in 175 Ky. 320. We refer to those opin: ions for a fuller statement of the facts and questions involved than it is our purpose to make now.

Briefly, appellees, Hughes and wife, who were plaintiffs below, after selling a right of way to appellant, who was defendant below, through their farm in Pike county for the sum of $1,000.00, entered into a written contract. with the…