Georgia Railroad & Banking Co. v. Haas
Supreme Court of Georgia
Trover. Before Judge Reid. City court of Atlanta. December 14, 1905. For tbe purpose of aiding in the construction of a contemplated suburban electric railway, certain landowners made donations of land and gave rights of way.
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Trover. Before Judge Reid. City court of Atlanta. December 14, 1905. For tbe purpose of aiding in the construction of a contemplated suburban electric railway, certain landowners made donations of land and gave rights of way. The company entered into a written agreement with some of them, which contained the following among •other provisions: “It is further agreed and understood between the parties to this contract, that in case said railroad company fails .and refuses to comply with its part of this contract in operating said railroad after the same is built, and continues to fail and refuse…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1-3. It does not appear from the agreed statement of facts in the record that the landowners gave the thirty days written notice provided by the contract as a condition precedent to exercising the right to take charge of the branch road on default of compliance by the railroad company. They did obtain a restraining order to prevent the purchaser or his transferee from tearing up the rails; and then proceeded themselves to do the tearing up while the case was pending. Where a forfeiture is dependent upon the giving of a certain written notice, if it be such…
2Cases cited42 opinions
- Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
- City of Columbus v. AnglinSupreme Court of Georgia · 1904
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- The "Idaho."Supreme Court of the United States · 1877
- Georgia Railroad & Banking Co. v. TiceSupreme Court of Georgia · 1905
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- Western Union Telegraph Co. v. SpencerCourt of Appeals of Georgia · 1919
- DeLamar v. Fidelity Loan & Investment Co.Supreme Court of Georgia · 1924
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