Hoard v. Chesapeake & Ohio Railway
123 U.S. 222 (1887)

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U.S. Supreme Court

Hoard v. Chesapeake & Ohio Railway, 123 U.S. 222 (1887)

Hoard v. Chesapeake and Ohio Railway

Argued October 19-20, 1887

Decided November 7, 1887

123 U.S. 222

Syllabus

The relief prayed for in this case was the construction and maintenance of a piece of railway in specific performance of a contract attached to the bill as an exhibit, but upon examination it appeared that the contract did not call for its construction and maintenance.

Page 123 U. S. 223

If a railway company abandons part of its line and ceases to maintain a piece of track which it had contracted to maintain, it has the right to do so, subject to the payment of damages for the violation of the contract, to be recovered, if necessary, in an action at law.

A railway company organized to receive, hold and operate a railroad sold under foreclosure of a mortgage, in the absence of a statute or contract, is not obliged to pay the debts and perform the obligations of the corporation whose property the purchasers buy.

In equity. Respondents demurred. The demurrer was sustained, and the bill dismissed. Complainants appealed. The case is stated in the opinion of the Court.

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