Kansas, Oklahoma & Gulf Railway Co. v. Grand Lake Grain Co.

BERRY, Justice.

Defendant in error, herein called plaintiff, recovered judgment for damages against plaintiff in error, hereafter referred to as defendant or the “Railroad.” The action was based upon the alleged breach of an implied contract to furnish shipping facilities over defendant’s railroad running from Muskogee, Oklahoma, through Delaware County on the east side of Grand River, to a connection with other lines at Baxter Springs, Kansas. The matters hereafter summarized, so far as necessary to consideration of the issues, adequately disclose the factual background which gave rise to the…