THE CITY OF COLUMBUS V. THE CLEVELAND, CINCINNATI, CHICAGO & ST. LOUIS RAILWAY COMPANY
2 Ohio (n.s.) 305 (1904)
NATURE OF THE CASE: This was on appeal from a judgment in the court below, sustaining a
general demurrer and dismissing the petition in each case.
FACTS: City (P) sued Rail (D) to enforce the specific performance of a contract made by
Ds with P in and about the erection of the viaduct on High street in said city. Ds agreed to
erected, on their property fronting a viaduct and its High street approaches, neat and
ornamental buildings to obstruct from the part of said viaduct immediately opposite their
said property the view of cars and engines, Ds were to commence the construction within
sixty days after the completion of said viaduct by P and were to be fully completed within
two years from the completion of the viaduct. P pled compliance with all of the terms of the
contract and alleges that Ds failed and refused, and still refuses to erect the buildings as
it has agreed to do. Ds demurred and the petition was dismissed and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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