Louisville & N. R. v. Black Creek Coal & Coke Co.

LAWSON, Justice.

This is a suit by the Louisville & Nashville Railroad Company, a corporation,, against the Black Creek Coal & Coke Company, a corporation, to recover damages-for the alleged breach of a contract, executed on or about November 12, 1925.

The defendant’s demurrer to the complaint was sustained by the trial court; in: consequence, the plaintiff suffered a non-suit, and has appealed as authorized by the statute. § 819, Title 7, Code. 1940.

As finally amended, the complaint contained four counts, but for the purposes-of this appeal a consideration of Count. Three and the exhibits…