B. Perini & Sons, Inc. v. Southern Ry. Co.

MOREMEN, Justice.

Appellant, B. Perini & Sons, Inc., filed "a petition in the Bell Circuit Court in which it sought judgment against appellee, Southern' Railway Company, under the terms o-f a contract which was filed as an exhibit with the petition. The petition was thereafter amended and appellee filed a general demurrer to the petition as amended. The court at first overruled the demurrer but thereafter, upon reconsideration, sustained it. Appellant declined to- plead further and judgment was entered dismissing the petition and granting the appeal.

Some time prior to September 20, 1948,…