Hampden Railroad v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Contract by the Hampden Railroad Corporation against the Boston and Maine Railroad for alleged breach of an alleged contract in writing dated September 5, 1911, to lease the railroad of the plaintiff to the defendant. Writ dated July 1,1914. In the Superior Court the case was tried before Aiken, C. J. The material facts are stated in the opinion. The “Agreement for Lease” described in the opinion was admitted in evidence subject to the defendant’s exception.
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Contract by the Hampden Railroad Corporation against the Boston and Maine Railroad for alleged breach of an alleged contract in writing dated September 5, 1911, to lease the railroad of the plaintiff to the defendant. Writ dated July 1,1914. In the Superior Court the case was tried before Aiken, C. J. The material facts are stated in the opinion. The “Agreement for Lease” described in the opinion was admitted in evidence subject to the defendant’s exception. At the close- of the evidence the judge ordered a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtRugg, C. J.
This is an action to recover damages for breach *412of a written contract executed under date of September 5, 1911, whereby the defendant agreed to take a lease of the railroad of the plaintiff. The certificate of establishment of the plaintiff as a railroad corporation was dated June 2, 1911. When the contract was made the plaintiff had a charter and locations and was authorized to build its railroad, but no construction work had been done. The idea of the Hampden railroad originated with one Mellen, at that time the president of both the New York, New Haven, and Hartford Railroad Company and…
2Cases cited5 opinions
- Freeland v. RitzMassachusetts Supreme Judicial Court · 1891
- Attorney General v. Haverhill Gas Light Co.Massachusetts Supreme Judicial Court · 1913
- Woods v. MatthewsMassachusetts Supreme Judicial Court · 1916
- Sibley v. FeltonMassachusetts Supreme Judicial Court · 1892
- Middlesex Railroad v. Boston & Chelsea RailroadMassachusetts Supreme Judicial Court · 1874
3Cited by11 opinions
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