Reading v. Texas & Pacific Railway Co.
United States Circuit Court
Motion for New Trial. . This was an action of assumpsit. The declaration set forth an agreement by defendant to pay plaintiffs $10,000 for obtaining the consent of the bond holders of the Shreveport & Texas Railway Company to a scheme of reorganization, and averred performance by plaintiff, and that subsequently defendants were satisfied with such performance, had paid plaintiff $4,000 on account, and had acknowledged a balance of $6,000 fo be due. Plea, non-assumpsit.
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Motion for New Trial. . This was an action of assumpsit. The declaration set forth an agreement by defendant to pay plaintiffs $10,000 for obtaining the consent of the bond holders of the Shreveport & Texas Railway Company to a scheme of reorganization, and averred performance by plaintiff, and that subsequently defendants were satisfied with such performance, had paid plaintiff $4,000 on account, and had acknowledged a balance of $6,000 fo be due. Plea, non-assumpsit. Plaintiff failed to prove, on the trial, performance of the contract on his part, but testified, that defendants had waived…
1Opinion of the Court
McKennan, C. J.,
{orally.) The plaintiff here has circumscribed his case within very narrow limits. He has by his declaration bound himself to prove a promise between himself and the defendants, by which the latter agreed, in consideration of whatever he did in performance of his contract, to pay him the balance he now claims. He has been permitted to present his case to the jury in a double aspect -r-First, that his performance of his contract to obtain the signature of these parties to a paper to provide for the re*135organization of this railroad was acceptable to the defendants, and that so he…
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