165 Broadway Building, Inc. v. City Investing Co.

120 F.2d 813 (1941)

165 BROADWAY BUILDING, Inc.,

v.

CITY INVESTING CO. et al.

No. 291.

Circuit Court of Appeals, Second Circuit.

June 2, 1941.

David Barnett, of New York City (Newman & Bisco, of New York City, on the brief), for appellant.

Edward F. Clark, of New York City (Clark & Reynolds and Leonard J. Reynolds, all of New York City, on the brief), for appellee City Investing Co.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

On December 3, 1907, the Interborough Rapid Transit Company, operator of the Sixth Avenue Elevated Railroad in New York City, entered into a formal…