Legal Opinion

Delaware, L. & W. R. v. Kutter

Court of Appeals for the Second Circuit

Decided May 22, 1906No. 72PublishedCited by 18 opinions

In Error to the Circuit Court of the United States for the Eastern District of New York.

1Opinion of the Court

WALLACE, Circuit Judge.

The plaintiff in error was the defendant in the court below, and by this writ of error seeks to review a judgment for the plaintiffs in an action tried by the court*without a jury. The action was brought to recover damages for the breach by the railroad company of a contract dated July 9, 1886, made with Robert E. Westcott, which was to remain in force for the term of 10 years, and the duration of which was extended September 30, 1892, for the further term of 5 years.

By the terms of the contract Westcott undertook to use his best endeavors “to build up, develop,…

2Cases cited22 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1877
  2. Russell v. PlaceSupreme Court of the United States · 1877
  3. Hobbs v. McLeanSupreme Court of the United States · 1886
  4. New Orleans v. Citizens' BankSupreme Court of the United States · 1897
  5. Texas & Pacific Railway Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1896

17 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Noel v. ParrottCourt of Appeals for the Fourth Circuit · 1926
  2. B. Roth Tool Co. v. New Amsterdam Casualty Co.Court of Appeals for the Eighth Circuit · 1908
  3. Erskine v. CommissionerUnited States Board of Tax Appeals · 1932
  4. Treat v. Farmers' Loan & Trust Co.Court of Appeals for the Second Circuit · 1911
  5. Cascade Timber Co. v. Northern Pacific Railway Co.Washington Supreme Court · 1947

13 more not listed; retrieve them via the Exa API.

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