Fairchild v. City & County Contract Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City and County Contract Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk' of the county of Westchester on the 17th day of February, 1913, upon the verdict of a jury.
1Opinion of the Court
Thomas, J.:
On a former appeal it was decided that the complaint stated a good cause of action for damages (153 App. Div. 277). The present question is whether the failure to build and maintain a station is excused by change of location of the railroad. The defendant was empowered and obligated by contract with the railroad company to outfit and to deliver the railroad, built on right of way acquired in the company’s name and equipped ready for operation. In furtherance of such contract the defendant made the contract for the purchase of the land in question, which was appropriated by…
2Cases cited1 opinion
- Fairchild v. City & County Contract Co.Appellate Division of the Supreme Court of the State of New York · 1912