Carli v. Seymour, Sabin & Co.

The defendants, for a consideration paid to them by plaintiff, agreed with him in writing that, before a day named, they would lay out, between two points indicated, a street thirty feet in width, grade it twenty feet wide between the' two points, so as to make a good, passable roadway, that should not be steeper than a rise of one foot in ten between the points, and then convey the land covered by the stréet to plaintiff. After the day named, defendants, having laid out, but only partially graded the street, conveyed the land over which it ran to plaintiff, and refused to complete the…