Lane v. Pacific & Idaho Northern Railway Co.
Idaho Supreme Court
APPEAL from District Court, Washington County. This is an action to compel specific performance of a contract for right of way for a railroad. The defendant could not challenge the validity of the instrument upon which this suit was brought as it had received in full all the benefits specified thereunder. “A party is estopped from denying the validity of an' instrument by virtue of which alone he has obtained possession of property, which he still holds.”
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APPEAL from District Court, Washington County. This is an action to compel specific performance of a contract for right of way for a railroad. The defendant could not challenge the validity of the instrument upon which this suit was brought as it had received in full all the benefits specified thereunder. “A party is estopped from denying the validity of an' instrument by virtue of which alone he has obtained possession of property, which he still holds.” (Biglow on Estoppel, 684, 685; Denison v. Willcut (Idaho), 35 Pae. 699.) A railway must make compensation for right of way across…
1Opinion of the CourtQuaeles, C. J.
— This action was commenced in the court below to obtain a decree for the specific performance of those covenants in the contract hereinafter set forth, relating to the construction of a siding, and the place where the fence of the defendant corporation shall be erected upon its line of way. Said contract is set forth, in effect, in the complaint, and attached to said complaint as a part thereof, and is in words and figures as follows, to wit:
“May 11, 1899.
“This agreement, made and entered into by and between J. W. Lane and Victoria Lane, his wife, of Weiser river, Washington count}^ Idaho,…
2Cases cited1 opinion
- Texas & St. L. Ry. Co. v. RustUnited States Circuit Court · 1883
3Cited by14 opinions
- Taylor v. Florida East Coast Railway Co.Supreme Court of Florida · 1907
- Hunter v. PorterIdaho Supreme Court · 1904
- Brown v. Town of SebastopolCalifornia Supreme Court · 1908
- Smith v. BarnesMontana Supreme Court · 1915
- Bettancourt v. Gilroy Theatre Co., Inc.California Court of Appeal · 1953
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