St. Louis Southwestern Ry. Co. v. Mitchell-Crittenden Tie Co.

The facts in this case are undisputed, and in order to determine this appeal it is necessary to relate only the following: Appellee is a corporation engaged in the sale and manufacture of cross-ties. Appellant is a common carrier. Prior to June 6, 1907, there was an existing contract between appellant and appellee by which appellee was to furnish appellant certain cross-ties at agreed prices. This contract expired November 1, 1907. Appellant required more ties, and appellee had them for sale, and both parties desired to enter into a contract similar to the one then in existence to cover a…