This section contains the nature of the case and procedural background.

City (P) sued Rail (D) to enforce the specific performance of a contract made by Ds with P in and about the erection of the viaduct on High street in said city. Ds agreed to erect on their property fronting a viaduct and its High street approaches, neat and ornamental buildings to obstruct from the part of said viaduct immediately opposite their said property the view of cars and engines, Ds were to commence the construction within sixty days after the completion of said viaduct by P and were to be fully completed within two years from the completion of the viaduct. P pled compliance with all of the terms of the contract and alleged that Ds failed and refused, and still refuses to erect the buildings as it has agreed to do. Ds demurred, and the petition was dismissed, and P appealed.

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