
    John F. Fairchild et al., Respondents, v. The City and County Contract Company, Appellant.
    (Argued May 11, 1915;
    decided May 25, 1915.)
    
      Fairchild v. City <& County Contract Co., 158 App. Div. 166, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 1, 1913, affirming a judgment in favor of plaintiffs entered upon a verdict in an action to recover for an alleged breach of contract contained in a conveyanee of land from the plaintiffs or the plaintiffs’ predecessors in title whereby the defendant agreed to construct arid operate a railroad station on land adjacent thereto. The question at issue was whether defendant was excused from performance, and, therefore, not liable in damages, by a change in the route of the railroad making it impossible to carry out said coritract.
    
      George S. Graham and Ralph Polk Buell for appellant.
    
      Arthur M. Johnson for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Oh. J., Werner, Chase, CUDDEBAOK, HOGAN, MILLER and SEABURY, JJ.  