Ogden v. Kirby

This was an action of assumpsit, brought by appellants in the Superior Court of Cook county, against appellee, to recover a subscription of $2000, subscribed by him to aid in the construction of a railroad from Ft. Howard, Wis., to Menominee, Mich.

Bv the terms of the subscription, it was only payable provided the railroad should be completed and in operation to Menominee, Mich., by July 1, 1872.

A trial of the cause before a jury resulted in a verdict and judgment in favor of appellee, to reverse which appellants rely upon the following errors assigned upon the record :

1. In the construction…