Morrison v. St. Paul & Northern Pacific Railway Co.

I dissent. The defendant agreed with the grantors in the deed to pay them one-half of the proceeds in case of a sale to another railroad company, — an event which both parties evidently contemplated might probably be done at some future time. Judging from the allegations of the complaint, this right of the grantors to half the proceeds of a sale was a valuable one; but by a cunning, and that which seems to me an indefensible, proceeding, if the construction thereon placed by the majority opinion is the correct one, the defendant has accomplished indirectly, for its own benefit, what the…