Terminal Railroad v. Cain-Hurley Lumber Co.

Mr. Presiding Justice Boggs

delivered the opinion of the court.

At the April, 1923, term of the circuit court of St. Clair county, an action in assumpsit was instituted by appellant against appellee. On motion of appellant, said cause was transferred to the equity side of said court.

The bill as finally amended charged that on September 5,1912, the East St. Louis Belt Railway Com-party (designated in said contract as the “Railroad”) entered into a contract with one Robert Abeles (design nated as “Industry”), for the construction of a spur track from the main track of the “Railroad,” to and upon…