New York, New Haven & Hartford Railroad v. Baldwin-Universal Consolidated Co.

Proskauer, J.:

A siding agreement between plaintiff and defendant provided that the defendant agrees to return all cars placed on the side track “in as good condition as when received, ordinary wear and tear excepted, or to pay the railroad the cost of replacing such cars or putting them in such condition.” Two of plaintiff’s cars were damaged by fire without negligence on the part of the defendant. Plaintiff sues for the reasonable value of the repairs to the cars. The rule of law is stated by Williston on Contracts (Vol. 3, p. 3307): “A mere promise to return the bailed property imposes no…