Railroad v. Furnace Co.
Ohio Supreme Court
Error. Reserved in the District Court of Cuyahoga County. The action below was brought by the ITimrod Furnace Co., to recover damages for the breach, by the Cleveland & Mahoning Railroad Co., of an alleged contract, to receive and dock at Cleveland, and to transport from thence over its road, to plaintiffs’ furnaces at Youngstown, all the Lake Superior iron ore which the plaintiff should require in the manufacture of pig iron at its furnaces.
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Error. Reserved in the District Court of Cuyahoga County. The action below was brought by the ITimrod Furnace Co., to recover damages for the breach, by the Cleveland & Mahoning Railroad Co., of an alleged contract, to receive and dock at Cleveland, and to transport from thence over its road, to plaintiffs’ furnaces at Youngstown, all the Lake Superior iron ore which the plaintiff should require in the manufacture of pig iron at its furnaces. As alleged in the petition, and as proved to the satisfaction of the jury on issue joined, which required such proof, the railroad was bound for ten…
1Opinion of the CourtJohnson, J.
A former judgment in favor of the plaintiff in error was reversed and reported in Himrod Furnace Co. v. C. & M. R. R. Co., 22 Ohio St. 451. For a full statement of the pleadings, and of the points there decided, we refer to that report. It is sufficient for our present purpose, to say, that it was there held, that certain evidence was admissible to prove the alleged contract, and that said contract, if proved, was not void for want of mutuality of obligation between the parties nor for want of a sufficient consideration.
On the last trial, this contract was proved as alleged, and a verdict and…
2Cases cited4 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Middlesex Railroad v. Boston & Chelsea RailroadMassachusetts Supreme Judicial Court · 1874
- State v. Consolidation Coal Co.Court of Appeals of Maryland · 1877