Fairchild v. City & County Contract Co.

Headnote

Fairchild v. City <& County Contract Co., 158 App. Div. 166 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 1, 1913, affirming a judgment in favor of plaintiffs entered upon a verdict in an action to recover for an alleged breach of contract contained in a convey

anee of land from the plaintiffs or the plaintiffs’ predecessors in title whereby the defendant agreed to construct arid operate a railroad station on land adjacent thereto. The question at issue was whether defendant was excused from performance, and, therefore, not liable in damages, by a change in the route of the railroad making it impossible to carry out said coritract.