Mahlon Pitney

“ In the present case, therefore, the railroad company acted strictly in accordance with the law when it refused any longer to furnish transportation to defendant in error in performance of the contract of November, 1900. ”

“ The price agreed to be paid him was $750, of which $150 was to be paid in cash and the balance in transportation to be used by defendant in error in traveling between New York city and his farm in Girard, Pennsylvania, following the lines of plaintiff in error between New York and Buffalo, and the line of another and independent railroad between that point and Girard. ”

“ The resulting judgment was affirmed by the appellate term of the supreme court, and its determination was affirmed by the appellate division of the supreme court for the first judicial department. Leave to appeal to the court of appeals of the state was denied, and this writ of error was sued out. ”