Waugh v. Gulf, Colorado & Santa Fe Railway Co.

PLEASANTS, Chief Justice.

This suit was brought by appellant against the appellee to recover damages for the failure of appellee to comply with an alleged contract to furnish cars for the shipment of logs by appellant, and for alleged discrimination by appellee against the appellant in the matter of furnishing cars for the shipment of said logs.

The amended petition, to which demurrers were sustained in the court below, contains the following allegations:

“Plaintiff would further show to the court that on January 24, 1907, he began shipments, under the firm name of Smith & Waugh, of ash logs…