New York Court of Appeals December 1, 1891 (Horton v. . Bauer)

Finch, J.

The counter-claim asserted by the defendant rested upon two facts: one, the contract of indemnity executed by the plaintiff relative to the encroachment of the street railroad company upon the lands agreed to be purchased ; and the other, an alleged failure of a later and more profitable contract between the defendant and Borger for the sale of the .