Baker v. Chicago, Rock Island & Pacific R. R.
Supreme Court of Missouri
. Appeal from, Clinton Circuit Court. I. The conditions in the agreement were conditions subsequent and not conditions precedent. Respondent cannot now, after be has permitted the company to expend large sums of money thereon, recover the land with the improvements, because the company failed to fully perform the conditions of the contract.
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. Appeal from, Clinton Circuit Court. I. The conditions in the agreement were conditions subsequent and not conditions precedent. Respondent cannot now, after be has permitted the company to expend large sums of money thereon, recover the land with the improvements, because the company failed to fully perform the conditions of the contract. He can have the contract specifically performed, or may recover damages for the non-performance of it, or he may pursue the remedy the statute gives — build the fence, gates and crossings and recover the cost of the company. (Williamston & Tarboro R. R.…
1Opinion of the CourtWagner, Judge
This was an action of ejectment to recover possession of a strip of land composing a portion of the right of way of the Chicago and Southwestern Kail way Company, on which the track is located and built, and the trains now running.
The defendant answered, interposing a general denial; and for a further answer and defense, stated, that during the years 1870 and 1871 the Chicago & Southwestern Railway Company, a corporation duly incorporated and organized under aud by virtue of the laws of the State of Missouri, located and constructed said road, from the city of "Washington, in the State of…
2Cases cited5 opinions
- McAulay v. Western Vermont RailroadSupreme Court of Vermont · 1860
- Fuhr v. DeanSupreme Court of Missouri · 1857
- Rerick v. KernSupreme Court of Pennsylvania · 1826
- Brown v. TimmanyOhio Supreme Court · 1851
- Williamston Tarboro R. R. v. . William S. BattleSupreme Court of North Carolina · 1872
3Cited by42 opinions
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Pitzman v. BoyceSupreme Court of Missouri · 1892
- Western Union Telegraph Co. v. Pennsylvania Co.Court of Appeals for the Third Circuit · 1904
- Webster v. Kansas City & Southern Railway Co.Supreme Court of Missouri · 1893
- Chicago & Alton Railroad v. GoodwinIllinois Supreme Court · 1884
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