New York Court of Appeals March 21, 1890 (Parke v. Franco-American Trading Co.)

Potter, J.

The agreement of the 1st of June, 1883, between the parties, by which the plaintiffs agreed to furnish and prepare materials for the construction of and to erect one hundred and twelve buildings along the line of the proposed Panama canal, for $163,000, was so modified by contract of

*54

December 18, 1883, as- to release the plaintiffs from their undertaking to erect the buildings, and