Morris & Essex Railroad v. Mayor of Newark

The opinion of the court was delivered by

Vkedenburgh, J.

The above railroad companies, on December 26th, 1901, entered into written agreement with the city of Newark providing for the elevation and depression of their railroads within the city’s corporate limits above and under the grade of numerous streets and avenues crossed by their tracks. The work contemplated by the agreement has been fully completed by the railroad companies and this suit was brought by them to enforce payment from the city of the last installment of $150,000 still remaining unpaid of the total consideration of $600,000…