St. Louis Southwestern Railway Co. v. Johnston

RAINEY, Chief Justice.

— At the instance of appellee, Johnston, the Stone Crushing Company was placed in the hands of a receiver, John Frost becoming the receiver. During the pendency of such receivership the appellant intervened, seeking to recover damages for the breach by the Stone Crushing Company of a contract to furnish appellant a certain quantity of crushed stone. Receiver Frost contested appellant’s claim and upon a hearing Frost won and the railway company appeals.

It seems that one W. A. Smith owned a tract of land in Hopkins'"' County, Texas, about four miles from appellant’s road,…