Sturgiss v. Meurer

Citations

• 191 F. 9
• 111 C.C.A. 551
• 1911 U.S. App. LEXIS 4926

Syllabus

<p>Bankruptcy (§ 318*) — Provable Claims — Breach ok Executory Contract.</p> <p>Claimant, a large landowner and president of a railroad company, paid a cash bonus to a tin plate company, and agreed to do certain other things, the only consideration for which was a contract by the company to build and operate for five years a tin plate mill on a site donated by claimant on the line of his railroad and near his land, of a capacity to employ 500 workmen. Before the mill was completed or ever operated, the company became bankrupt. Held, that claimant was entitled to recover the amount of the bonus paid for failure of consideration, and could prove a claim therefor against the estate.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 318.*]</p>