Page:United States Reports, Volume 209.djvu/265

 '09 U. S, Option of the Court. to put in certain sized plants, or any number of coke ovens," with further details. This seemed at the time to satisfy the purchasere. On May 12 Milliken wrote to Dotson that if'his coal would make as good coke as the Stonega coal and the Southern would build a branch linc into the property, the par- tics would put their capital in; that it was for Dotson to "sub- stantiate thbse two points, which I believe you will do;" that he had a letter from Mr. H. Smith, the President of the Louis- ville and Nashville, declining to build a branch line, but that if Dotson had Spencer safely committed to him they did not care for Smith's road. On the same day Dotson wrote to Spen- cer, asking for a letter to show, which Spencer answered the next day, declining until he had more definite knowledge and obligation as to improvement, and profoxing to repeat what he had said, viz., that if the property of the amount previously named should be put into such shape as to warrant the con- struction of a railroad they would take up and consider favor- ably a plan. This is thought by the plaintiff to contradict the statenlents that Dotson had made to him. Spencer testified that there never was any agreement, or more than what just has been stated from his letter, and Dotsoh's answer, written May 16, confirms the testimony by the absence of any tone of surprise. Dotson testified that he showed Spcncer's letter to Milliken. Milliken testified the contrary, and his case was that, having no notice of the correspondence, hc was going ahead under Dotsoh's letter of May 8. On May 29 Dotson wrote as to sam- ples of. al, adding that he understood the Southern Railway Comp?.an)ad secured their right of way with one or two ex- ceptFe had t that he hoped Spencer would call his men out and t or agrt, ,, ,, keep until we get our tracts rounded up. On oal lands as June ' 'rote to Dotson, communicating a very favor- ablj2.50 for each, coal, and saying: "I may wire you by the tirr'haser at and fO,ms you to coilme up here to clo the deal [fortly thereafter, na,y asked me in particular this afternoon hff2, he further represt)uld be built into this land from Middles- Alway Company was

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