
    JOHN HIGGINS, Respondent, v. THE NEWTOWN AND FLUSHING RAILROAD COMPANY, Appellant.
    
      Implied assumpsit—when special contract is made measure of damages.
    
    A. party who has performed a special contract, may sue upon an implied assumpsit, and, upon the trial, give in evidence the contract-price as the measure of damages.
    
    Appeal from a money judgment, entered on the verdict of a jury at the Queens County Circuit.
    
      Riñas J. Beach, for the appellant.
    
      James W. Oovert, for the respondent.
    
      
      Farron v. Sherwood, 17 N. Y., 237; Fells v. Vestvali, 39 id., 152.
    
   Opinion by Babnabd, P. J.

Present—Babnabd, P. J., and Donohue, J:

Judgment affirmed, with costs.  