Goding v. Bangor & Aroostook Railroad
Supreme Judicial Court of Maine
On Report. Bill in equity, praying for specific performance, heard on bill, answer and proofs. From the allegations in the plaintiff’s bill it appears that on the 10th of December, 1895, he executed and delivered to the defendant company in consideration of one hundred and fifty dollars, a warranty deed of a strip of land in Masardis containing two and one-half acres for a right of way; that the defendant company agreed to construct and maintain a farm crossing on this strip…
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On Report. Bill in equity, praying for specific performance, heard on bill, answer and proofs. From the allegations in the plaintiff’s bill it appears that on the 10th of December, 1895, he executed and delivered to the defendant company in consideration of one hundred and fifty dollars, a warranty deed of a strip of land in Masardis containing two and one-half acres for a right of way; that the defendant company agreed to construct and maintain a farm crossing on this strip of land. He also alleged in his bill that prior to the delivery of this deed, and at the date of its delivery also, the…
1Opinion of the CourtWiswell, C. J.
The defendant’s railroad extends through the plaintiff’s farm. The right of way therefor was obtained by a deed from the plaintiff to the railroad company, for a consideration named therein of one hundred and fifty dollars. But the plaintiff claims that there was an additional consideration; that the defendant’s agent who procured the conveyance of the right of way and who agreed with the plaintiff in relation to the terms for such conveyance, promised in behalf of the company, as a further consideration therefor, that the railroad company should build and maintain a farm crossing on the…
2Cited by1 opinion
- Speer v. Erie RailroadSupreme Court of New Jersey · 1905