U. C. Guss v. Federal Trust Co.

Opinion of the court by

Burwell, J.:

The Fort Smith '& Western Railroad Company contemplated building its line of road from a point about forty miles west of the city of Fort Smith, in the state of Arkansas, to the city of Guthrie, Oklahoma, and the company, through its representatives, proposed that if the people of Guthrie would" execute and deliver to it their respective notes of the aggregate-value of fifty thousand dollars the line would be built to Guthrie.. Notes were executed amounting in all to about fifty-four thousand dollars face value. The defendant executed and delivered his note,…