Hackney v. Fordson Coal Company

Opinion op the Court by

Judge Dietzman

— Affirming'.

A demurrer having been sustained to the petition of the appellant, who was the plaintiff below, and he having declined to plead further, the court dismissed his petition, rand from that judgment he appeals.

By his petition the appellant substantially averred that he was running a general store in Pike county near the mines of the appellee; that he was in no wise con nected with the appellee, but on the contrary was in substantial competition with the appellee’s commissary for the trade and custom of the appellee’s employees; that he had enjoyed…