Rochester v. Estate of Yesler

The opinion of the court was delivered by

Dunbar, C. J.

This action is based on the following contract:

“Seattle, W. T., July 30, 1887.

“Whereas, J. B. Metcalfe and his associates propose to construct a cable road along through the line of Mill, Main or Jackson streets, in Seattle, W. T., and to run cars, thereon and to otherwise equip and operate said road which shall run from, at or near the Elliott Bay to Lake Washington along the line of one of said streets:

"Now, therefore, we, the undersigned property holders, hereby subscribe' and donate to said enterprise, property as set opposite our…