Oregon Pacific Railroad v. Forrest
New York Supreme Court
Appeal from circuit court, Hew York county. Action by the Oregon Pacific Railroad Company against George J. Forrest and others, executors under the will of Cornelius K. Garrison, deceased. From a judgment dismissing the complaint, plaintiff appeals.
1Opinion of the CourtVan Brunt, P. J.
In June, 1881, the plaintiff railroad was in process of construction, and on the 13th of that month the plaintiff made with the defendants’ testator, Cornelius K. Garrison, a contract whereby, among other things, the said Garrison agreed to purchase "5,000 tons of English steel rails, deliverable in San Francisco atas early a date as reasonably practicable, and to sell to the plaintiff the rails so bought, upon arrival of each shipment at San Francisco, upon receiving in cash the actual cost to him of said rails, and the further sum of $100,000 in first mortgage bonds of said company.…
2Cases cited5 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- White v. . HoytNew York Court of Appeals · 1878
- Schiffer v. . DietzNew York Court of Appeals · 1881
- Allerton v. . AllertonNew York Court of Appeals · 1872
3Cited by1 opinion
- Foerster v. SquierCity of New York Municipal Court · 1892