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SLATER v. GULF, MOBILE & OHIO R. R. CO.

307 N.Y. 419 (1954)

William A. Slater et al., as Trustees under The Will of William A. Slater, Deceased, Respondents, v. Gulf, Mobile and Ohio Railroad Company et al., Appellants.

Court of Appeals of the State of New York.

Decided July 14, 1954

Attorney(s) appearing for the Case

Edward K. Hanlon and Milton Weiss for Gulf, Mobile and Ohio Railroad Company, appellant.

William R. Meagher, Theodore Kiendl and Samuel J. Murray for Chicago, Burlington & Quincy Railroad Company, appellant.

Watson Washburn and William P. Jones for respondents.

LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD and VAN VOORHIS, JJ., concur.

FROESSEL, J.

By our affirmance of the Appellate Division in the previous action (Slater v. Gulf, Mobile & Ohio R. R. Co., 304 N.Y. 636, affg. 279 App. Div. 166), we agreed that the letters of May 25, 1945, did not constitute a contract, and that there was no factual basis for the second cause of action either on the theory of fraud or unjust enrichment. Our determination was not based...

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