Gaston v. Rutland R.

(after stating the facts as above). The District Court in part proceeded on the theory, as claimed by the appellee, that the receivers could not repudiate the contract and lease until they were relieved of the necessity for using the property involved in carrying out their obligation under the law to operate the branch road. It is admitted by the receivers that ffeither a.t or before the time they gave notice of their election to abrogate had they been relieved, nor had they filed any petition to- be relieved, by the Interstate Commerce Commission of such liability; but they insisted that…