Mason v. Nichols
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Green Lake County. Action against Timothy Dwight, Archibald Nichols, and the Waupun & Grand Rapids Railroad Company.
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APPEAL from tbe Circuit Court for Green Lake County. Action against Timothy Dwight, Archibald Nichols, and the Waupun & Grand Rapids Railroad Company. The complaint avers, in substance, the incorporation of said company in 1862; that it established the line of its railway across certain land of the plaintiff; that upon its application, three persons (whose names are specified) were appointed arbitrators, September 6th, 1862, in pursuance of the charter, and these, on the 1st- of November following (having duly qualified), awarded plaintiff, in due form of law, $300 for the right of way across…
1Opinion of the Court
Cole, J".
According to our understanding of the matter, it is quite immaterial whether the agreement set out in the case was binding on the company or not. If Dwight had no authority as agent of the company to. make the agreement, he could certainly bind himself personally. The agreement discloses a sufficient consideration for his undertaking. He agreed that the company should stand by and faithfully keep the award made by the arbitrators, and that no appeal should' be taken by the company from that award. That is a sufficient consideration to support his undertaking.
Again, he and Nichols,…
2Cited by9 opinions
- Phelps v. DawsonCourt of Appeals for the Eighth Circuit · 1938
- Jefferson v. McCarthySupreme Court of Minnesota · 1890
- Zurn v. MitchellCourt of Appeals of Texas · 1917
- Kindervater v. TillWisconsin Supreme Court · 1914
- Nelson v. HinchmanCourt of Appeals for the Eighth Circuit · 1902
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