Supreme Court of Florida January 15, 1908 (Florida Railway Co. v. Thomas)

Cockrell, J.

—The defendant in error declared in covenant against the railway -company, alleging that in May, 1906, the company contracted under seal to transport from certain points along the Suwanee river to Jacksonville or Fernandina cross-ties to be placed there by Thomas at the rate of sixteen -cents a tie for a period of seven months beginning the first of June, but that the company failed