Legal Opinion

Atchison, Topeka & Santa Fe Railroad v. Chicago & Western Indiana Railroad

Illinois Supreme Court

Decided June 13, 1896PublishedCited by 15 opinions

Appeal from the Appellate Court for the first District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. In the spring of 1887 the Atchison, Topeka and Santa Fe Railroad Company in Chicago sought to procure from the Chicago and Western Indiana Railroad Company terminal facilities in Chicago for the Atchison railroad system.

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Appeal from the Appellate Court for the first District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. In the spring of 1887 the Atchison, Topeka and Santa Fe Railroad Company in Chicago sought to procure from the Chicago and Western Indiana Railroad Company terminal facilities in Chicago for the Atchison railroad system. Negotiations to this end were begun, and in March, 1887, two preliminary contracts were made, each referring to the other, and together constituting a single transaction. One was an agreement for a deed of…

1Opinion of the CourtJustice Phillips

It is apparent from a consideration of the facts appearing in this record, that the contract for the sale of the lots and land, and the lease, were, at the time of their execution, although separate instruments and covenants, a single contract. It was necessary for the appellant to have freight depot grounds and switch yards to make the use of appellee’s road, under the lease, of any value, and by the covenants of the lease “connections with lead tracks from said main tracks to and onto such property as the said lessee has or may acquire, in order to reach its freight buildings, freight yards…

2Cases cited9 opinions

  1. Bostwick v. . BeachNew York Court of Appeals · 1886
  2. Lombard v. Chicago Sinai CongregationIllinois Supreme Court · 1872
  3. Phillips v. South Park CommissionersIllinois Supreme Court · 1887
  4. Steenrod's Adm'r v. W. P. & B. R. R.West Virginia Supreme Court · 1885
  5. Hundley v. LyonsSupreme Court of Virginia · 1817

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3Cited by15 opinions

  1. Meeker v. GrayAppellate Court of Illinois · 1986
  2. Olson v. RossetterAppellate Court of Illinois · 1947
  3. Hanson v. DuffyAppellate Court of Illinois · 1982
  4. Amoss v. BennionUtah Supreme Court · 1969
  5. Leafgreen v. Drake's Exrs.Supreme Court of Pennsylvania · 1930

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