Chesapeake & Ohio Railway Co. v. R.L. Industries, Inc.

Plaintiff-appellant, Chesapeake & Ohio Railway Company, filed suit against defendant, R.L. Industries, Inc., seeking payment of $2,360 that defendant had allegedly incurred by storing railway tank cars on plaintiffs track. Defendant moved for summary judgment, and the trial court granted the motion on the ground that defendant had paid the price for which it had bargained and had accordingly been billed. Plaintiff appeals, asserting as its single assignment that the trial court erred in granting summary judgment in defendant’s favor. The assignment of error has merit.

Defendant had originally…