Havana City Ry. Co. v. Ceballos

Citations

• 131 F. 381
• 1904 U.S. App. LEXIS 4909

Syllabus

<p>1. Breach oe Trust.</p> <p>P. assigued to complainant his interest in a concession by a city for a horse car line, and agreed to make proper transfer by deed when the city should grant the right to use electricity as a motive power for the road. Defendant received the assignment to hold in escrow in accordance with such agreement. Held, that I*, never having acquired the right to use electricity as a motive power, and having informed complainant that he could not secure such right, which was an essential condition to the contract of assignment, there was no breach of trust by defendant in thereafter proceeding in the matter for himself, he not having conspired with P. or any one else to prevent complainant from getting its full concession for horse and electric power.</p>