Western New York & Pennsylvania Railway Co. v. City of Buffalo

Judgment affirmed, with costs. All concur, except Dowling, J., who dissents and votes for reversal and for entry of judgment in the following memorandum: Where, as here, contracts fix no time for their duration, any party may terminate the contracts at his option by giving *1069reasonable notice of such intention. The defendant gave such notice in this case. (See Risley v. City of Utica, 179 F. 875, 888, and authorities cited.) Contracts, however express, cannot fetter the constitutional authority of the Legislature of this State. The contracts here dealt with a subject matter which lay within the…