City of Columbus v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.
Ohio Circuit Court
15 Ohio C.D. 663 (1904)
Relevant factsFree
The City of Columbus (plaintiff) contracted with the Cleveland, Cincinnati, Chicago & St. Louis Railway Co. (defendant) to build "neat and ornamental buildings" on railway property to block public views of an elevated viaduct from passing cars and trains, but the railway repeatedly refused to build them. The City sued for specific performance, and the trial court sustained the railway's demurrer, leading the City to appeal.
IssueFree
Whether, in Ohio, specific performance may be ordered where a contract, in detailed and specific language, requires a defendant to perform an act which the defendant fails to complete.