Louisville & Nashville Railroad v. Letcher County Coal & Improvement Co.

Opinion of the Court by

Judge Clarke

Affirming.

By this action the appellees sought and recovered of the appellants damages for breach of a contract to construct a passenger and freight depot at Neon, Kentucky. The action was transferred from the common law to the equity side of the docket by agreement of parties and tried by the court as in equity without the intervention of a jury.

For reversal of the judgment the appellants insist:

1. That no contract for the construction of the depot was ever consummated;

2. That, if mistaken in this, there was a total failure of consideration, because the…