Hambly v. Delaware, M. & V. R.

Bradley, Justice.

This is an action of covenant, brought on an agreement under seal, made the eighth of May, 1869, between the plaintiff and the original defendant, whereby the plaintiff agreed to lay the superstructure of the defendant’s railroad from Georgetown to Delaware bay, near Lewes, about 17 miles, under the direetioh of the company’s engineer; and to.build a pier out into the bay, according. to certain specifications, and to furnish the cross-ties, iron rails, timber, and other materials therefor. The plaintiff further agreed to begin the work within 30 days from the execution of the…