National Quarries Co. v. Detroit, T. & I. R.

MACK, Circuit Judge.

On this appeal from a judgment for defendant in an action for breach of contract, tried by the court after waiver of jury, the sole question is, as it was in the trial court, the proper interpretation of paragraph 3 of the contract dated June 14, *811927.1 The special findings made in support of the court’s conclusion are for the most part restated in substance in the opinion of the late Judge Hahn from which we quote as follows:

“The contract is one of settlement between the parties. Plaintiff’s quarry lands lie on both sides of defendant’s track. Its crushing plant is…