Smith v. Gower

JUDGE ROBERTSON

delivered the opinion of the court:

The appellants, Smith, and Davis, subscribed for the construction of the Lexington and Danville railroad, the former $2,500, and the latter $500. Failing' to pay, they were sued for the sums respectively subscribed, and defended the suits on the ground that their motive for subscribing was their faith in representations that the railroad would be located and completed near their homestead farms, in Mercer county; and that, though so located, it had not been, and probably never would be, constructed through that county or beyond the Kentucky…