Pennsylvania Coal Co. v. President, Managers, of the Delaware & Hudson Canal Co.
New York Court of Appeals
This action was brought by the plaintiffs against the defendants to compel a specific performance of certain covenants entered into between the defendants and plaintiffs in July, 1851, for the passage of boats of the plaintiffs, laden with coal, in and along the canal of the defendants.
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This action was brought by the plaintiffs against the defendants to compel a specific performance of certain covenants entered into between the defendants and plaintiffs in July, 1851, for the passage of boats of the plaintiffs, laden with coal, in and along the canal of the defendants. The plaintiffs were created a body corporate by the legislature of Pennsylvania, in 1838, for the purpose of mining coal and the transaction of the usual business of companies engaged in the mining, transporting to market and selling coal. The defendants were created a body corporate by the legislature of this…
1Opinion of the CourtMullin, J.
Two questions only are presented for consideration on this appeal. These are: 1st. Whether the contract between the parties had been violated. And if it has, then, 2d. Is the plaintiffs entitled to a specific performance of the contract.
1. Have the defendants broken the contract ?
The defendants obligated themselves by the agreement to furnish to the plaintiffs’ boats all the facilities of navigation and transportation which their canal should afford, when in good and navigable condition and repair, to boats owned or used by any other company or person, or owned or used by the defendants for…
2Cases cited5 opinions
- Van Bergen v. Van BergenNew York Court of Chancery · 1818
- Olmsted v. Loomis & GravesNew York Supreme Court · 1849
- Fisk v. WilberNew York Supreme Court · 1849
- Phillips v. BergerNew York Supreme Court · 1850
- Seneca Woollen Mills v. TillmanNew York Court of Chancery · 1846
3Cited by8 opinions
- Empire Engineering Corp. v. . MackNew York Court of Appeals · 1916
- Messeck v. Board of SupervisorsNew York Supreme Court · 1867
- Bazinsky v. Kesbec, Inc.Appellate Division of the Supreme Court of the State of New York · 1940
- New Hartford Canning Co. v. BulifantAppellate Division of the Supreme Court of the State of New York · 1902
- Everett v. De FontaineAppellate Division of the Supreme Court of the State of New York · 1903
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