Soper v. Buffalo & Rochester Rail Road
New York Supreme Court
MOTION for a new trial, on exceptions taken at the circuit. The plaintiff by his complaint claimed that the defendant on or about the first of April, 1851, entered into a contract with the plaintiff and Samuel C. Holden, by which the defendants employed the plaintiff and Holden to construct the defendants’ rail road from Batavia to Buffalo, (except furnishing ties, laying down of the rails and fencing,) and that the defendants agreed to pay for the same, a certain price,…
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MOTION for a new trial, on exceptions taken at the circuit. The plaintiff by his complaint claimed that the defendant on or about the first of April, 1851, entered into a contract with the plaintiff and Samuel C. Holden, by which the defendants employed the plaintiff and Holden to construct the defendants’ rail road from Batavia to Buffalo, (except furnishing ties, laying down of the rails and fencing,) and that the defendants agreed to pay for the same, a certain price, which was specified in the complaint. The plaintiff averred a readiness to perform the contract on the part of himself and…
1Opinion of the Court
By the Court,
T. R. Strong, J.
The defendants advertised that they would receive proposals until a specified day, for “ clearing, grubbing, grading and fencing, the line of direct rail road between Batavia and Buffalo.” The plaintiff, and one Holden, who has assigned his right in the subject of the action to the plaintiff, employed a person to explore the line of the road, who did so, and examined the maps, plans, profiles, and esti*312mates of' the defendants, and stated the result of his examination to his employers, and they, on the day named in the advertisement, submitted to the defendants…
2Cited by5 opinions
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