McCreery v. Day
New York Supreme Court
Appeal from special term, Hew York county. Action by William McCreery and Wallace C. Andrews against Melville C. Day, George J. Forrest, and Daniel E. Garrison, as executors of the last will and testament of Cornelius IC. Garrison, deceased, for breach of contract. Judgment was entered for defendants on the pleadings, and plaintiffs appeal.
1Opinion of the Court
Macomber, J
The agreement for the breach of which this action is brought was entered into in writing between the plaintiffs, as parties of the first part, one C. H. Andrews, party of the second part, and C. K. Garrison, the defendants’ testator, as party of the third part. By its terms the plaintiffs sold to Garrison a one-fourth interest in the contract for the construction of the railroad of the Pittsburgh, Youngstown & Chicago Railroad Company, running from Pittsburgh to Akron, a distance of 120 miles, and agreed to turn over to Garrison a one-fourth part of all cash, bonds, and stock which *50…
2Cited by4 opinions
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- Lawrence v. ChurchNew York Supreme Court · 1891