
    No. 938
    N. O. P. & L. v. PENN. R. R. CO.
    No. 20050.
    Supreme Court
    On motion to certify.
    Dock. Aug. 6, 1926;
    4 Abs. 541.
    297. CONTRACTS-r-Can a contract fail from lack of consideration, upon the ground that an electric line company which entered into a contract with a steam line company to erect crossovers and pay for one-half of their maintenance, had previously been granted such right from city?
    Attorneys — Mather, Nesbitt & Wilkie for Company; Waters, Andress, Southworth, Wise & Maxon for R. R. Co.; all of Akron.
   Penn. R. R. Co. contend in the Supreme Court that a contract by which a steam railroad grants to an electric railroad the right to construct crossovers upon their right of way within a city, provided they pay one-half the expense of maintenance, is founded upon sufficient consideration, although electric line previously had a franchise from the city to do so.  