Toledo, Wabash, & Western Railway Co. v. Rogers

This was an action by the appellee, asassignee of a written agreement, against the appellant. The agreement was made by and between the appellant, of the first part, and L. M. Rogers and Levi Hartzell, of the second part. The appellee claims under the original contractors, of the second part, his remote assignors, down through several intermediate assignments.

The purpose of the action was to recover the value of a warehouse which had been erected by Rogers and Hartzell, under the said agreement, at the station of New Huron, on the line of appellant’s road, which had been taken possession *428of…