McLean v. St. Paul & Chicago Railway Co.

Larremore, C: J.

Two causes of action were alleged in the complaint upon transactions between Henry Thornton, *83J. G-. T. Child and others, the plaintiff’s assignors, and the St. Paul and Pacific Railway Company, the predecessor of-the St. Paul and Chicago Railway Company, a corporation of the state of Minnesota. The first cause of action was based upon a contract made August 4, 1865, between the Pacific Railway Company and Thornton and Child to grade a railroad from Winona to St. Paul, in the state of Minnesota, or furnish the money therefor.

The second cause of action refers to the contract…