CRANFORD CO. v. CITY OF NEW YORK

No. 112.

38 F.2d 52 (1930)

CRANFORD CO. v. CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

February 10, 1930.


Attorney(s) appearing for the Case

Kellogg & Rose, of New York City (Franklin Nevius and Asa B. Kellogg, both of New York City, of counsel), for appellant.

Arthur J. W. Hilly, Corp. Counsel, of New York City (J. Joseph Lilly, Joseph T. Flynn, and Cornelius Bregoff, all of New York City, of counsel), for defendant-appellant.

Before MANTON, L. HAND, and MACK, Circuit Judges.


MANTON, Circuit Judge.

Both parties to this action appeal from a judgment entered by plaintiff for breach of contract. The parties contracted for building a subway railroad in the city of New York. Two items are brought into question here on the plaintiff's appeal, and an item of interest, allowed on the jury's award, is complained of by the defendant. After the judgment was entered, the city of New York stipulated to and did pay the award, except the interest item...

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