Louisville N. R. Co. v. Dry Branch Coal Co.

Opinion op the Court by

Judge Baird

Reversing.

The appellee, Dry Branch Coal Company, and the appellant, Louisville & Nashville Railroad Company, entered into a written contract by the terms of which a branch spur of railroad track was to be built under certain provisions of that contract not necessary at this point to be set out.

Later, appellee came to the conclusion that it was not convenient or expedient for it to carry out its written contract with appellant, so on the 4th day of July, 1918, it entered into a written contract with an adjoin ing property owner, the Asher Coal Mining Company,…