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Contracts Keyed to George
City of Columbus v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.
Facts
The City of Columbus, Ohio (the City) (plaintiff) raised an elevated viaduct that kept running along portions of the railroad. The City contracted with the Cleveland, Cincinnati, Chicago and St. Louis Railway Company (the Railway) (defendant) to develop "neat and ornamental building" on Railway property that would deter people's’ views of the viaduct from cars and trains. After the Railway more than once declined to go along, the City recorded suit seeking specific performance. The trial court granted the Railway’s motion to demurrer the complaint. The City appealed.
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