Pittsburg, Ft. Wayne & Chicago Railroad v. Reno
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. Statement by Bailey, J. This was a suit brought by Sarah A. Heno, Charles A. Beño and Eugenia M. Little against the Pittsburg, Fort Wayne & Chicago Bailway Company, to recover damages for a breach by the defendant of the covenants contained in the last paragraph of the following contract: “ Articles of agreement,, made this twenty-eighth day of July, A.D. 1880, between Sarah A. Beño…
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Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. Statement by Bailey, J. This was a suit brought by Sarah A. Heno, Charles A. Beño and Eugenia M. Little against the Pittsburg, Fort Wayne & Chicago Bailway Company, to recover damages for a breach by the defendant of the covenants contained in the last paragraph of the following contract: “ Articles of agreement,, made this twenty-eighth day of July, A.D. 1880, between Sarah A. Beño and Charles A. Beno, her husband, and Eugenia M. Little and Jacob H. Little, her husband, of Chicago, party of the first…
1Opinion of the CourtBailey, J.
The first question to be considered is as to the proper construction to be given to the covenant upon which the suit was brought. Said covenant is in these words :
“ And it is further so agreed between the parties hereto, that said second party shall, on taking possession of the premises so hereinbefore described, restore all the switch connections now existing between said second party and said first party, or any of them, and continue to them the use of the same hereafter as heretofore.”
The defendant claims that this covenant was fully performed by restoring the switch connections between…
2Cases cited11 opinions
- Lydick v. B. & O. R. R.West Virginia Supreme Court · 1880
- Lesley v. RandolphSupreme Court of Pennsylvania · 1833
- Ridgely v. StillwellSupreme Court of Missouri · 1857
- Hunt v. MortonIllinois Supreme Court · 1856
- Swan v. ClarkIndiana Supreme Court · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Com'rs of Hwys. of Towns of Annawan v. United StatesDistrict Court, N.D. Illinois · 1979
- Wired Music, Inc. v. ClarkAppellate Court of Illinois · 1960
- Brockmeyer v. Sanitary DistrictAppellate Court of Illinois · 1904
- C-B Realty & Trading Corp. v. Chicago & North Western Railway Co.Appellate Court of Illinois · 1990