City of Buffalo v. Frontier Telephone Co. — 203 N.Y. 589

Majority

p. 589

City of Buffalo, Respondent, v. The Frontier Telephone Company et al., Appellants.

Headnote

City of Buffalo v. Frontier Telephone Co., 139 App. Div. 926 , affirmed.

(Argued October 24, 1911;

decided November 21, 1911.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 10, 1910, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury in an action to recover under an alleged agreement whereby the defendants were to pay to plaintiff a certain percentage of their gross receipts in consideration of permission to string their wires along the streets and avenues of the city of Buffalo.

Daniel J. Kenefick and Guy Wellman for appellants.

Clark H. Hammond, Corporation Counsel (George E. Pierce of counsel), for respondent.

Judgment affirmed, with costs. The defendant having applied for and voluntarily entered into the agreement with the city, it is not in a position to challenge its validity; no opinion.

Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner, Chase and Collin, JJ.