International & Great Northern Railroad v. Ogburn

PLEASANTS, Associate Justice.

This is a suit for the conversion ,of 13,011 railroad ties of the alleged value of $3662.69, brought by appellee against the appellant railroad company. The appellants Burkitt & Barnes were made defendants at the instance of the railroad company. The railroad company, in addition to a general denial, pleaded specially that it had a contract with Burkitt & Barnes by which they agreed to furnish it with a certain number of ties of the kind specified in said contract and at the prices named therein, said ties to be received and paid for by the railroad company in…