Cincinnati & Chicago Railroad v. Washburn

This was a suit by the appellee against the appellant upon a written contract, whereby the railroad company, in consideration of the right of way for their railroad over the plaintiffs land, agreed to fence the same on both sides before the cars commenced running; to deliver to the plaintiff $50 in freight bonds, and to release him from a subscription of $50 to the capital stock of the company. It was alleged, by way of breach, that the defendant had wholly failed to perform the contract, except as to part of the fence. It was also averred that the defendant was insolvent, in consequence of…