Foy-Proctor Co. v. Marshall

Opinion of the Court by

Judge Thomas

Reversing.

Appellees were engaged in the livery business in the city of Lexington and would when called on let and hire wagons and teams and a driver to -go with and use them: The appellant was engaged under a contract which it had with the city of Lexington in constructing a viaduct in the city, and one morning it, through its manager, called the office of the appellees over the telephone and in the conversation a contract was agreed upon whereby the appellees let for hire to the appellant a wagon and team which was composed of two mules, and a driver for…