Des Moines Valley R. R. v. Graff
Supreme Court of Iowa
Appeal from Marion Distriet Oourt. In equity. — Demurrer to petition sustained, and plaintiff appeals. The facts as shown by the petition are these: In April, 1864, defendants, as a committee appointed by the citizens of Pella, undertook in writing, for and on behalf of said citizens, to furnish the right of way, depot grounds and cattle yards, “ and to obtain and secure subscriptions for said company in accordance with blank notes already presented by said company for that…
Read the full summary
Appeal from Marion Distriet Oourt. In equity. — Demurrer to petition sustained, and plaintiff appeals. The facts as shown by the petition are these: In April, 1864, defendants, as a committee appointed by the citizens of Pella, undertook in writing, for and on behalf of said citizens, to furnish the right of way, depot grounds and cattle yards, “ and to obtain and secure subscriptions for said company in accordance with blank notes already presented by said company for that purpose, to an amount of at least ten thousand dollars.” * * “ Provided said company runs its track through Pella as…
1Opinion of the CourtWright, J.
Iffy first impression was against this bill. Subsequent reflection, and a more careful examination of its averments and objects, have led me to believe that the demurrer was improperly sustained.
There need be no controversy as to many, and, indeed, most of the positions assumed by appellees. Thus, it is conceded that the excuses set up for not completing the road by the time fixed are of no moment. Plaintiff made its engagement; failed to provide against bad weather or other contingency; and it was its own fault or folly that, by reason of these matters, it was unable to fulfill its contract.…
2Cases cited2 opinions
- Burlington & Missouri River Railroad v. BoestlerSupreme Court of Iowa · 1864
- Goodpaster v. PorterSupreme Court of Iowa · 1860
3Cited by18 opinions
- Plumb v. CampbellIllinois Supreme Court · 1888
- Southard v. Arkansas Valley & W. Ry. Co.Supreme Court of Oklahoma · 1909
- Oregon Home Builders v. CrowleyOregon Supreme Court · 1918
- Bobzin v. Gould Balance Valve Co.Supreme Court of Iowa · 1908
- Victoria Limestone Co. v. HintonCourt of Appeals of Kentucky · 1914
13 more not listed; retrieve them via the Exa API.