Legal Opinion

Burlington & Missouri River Railroad v. Boestler

Supreme Court of Iowa

Decided April 7, 1864PublishedCited by 18 opinions

Appeal from Jefferson District Court. The defendant subscribed to a contract or subscription list for five shares of stoplc in the Burlington and Missouri River Railroad Company, and “ agreed to pay the same when.called for,” &c., ,&c., “provided, the town of Fair-field is made a point on said road ; and that said road is put under contract in one year from, the first day of September, 1853 ; provided also, that said stock is not to be called in faster than five per cent per…

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Appeal from Jefferson District Court. The defendant subscribed to a contract or subscription list for five shares of stoplc in the Burlington and Missouri River Railroad Company, and “ agreed to pay the same when.called for,” &c., ,&c., “provided, the town of Fair-field is made a point on said road ; and that said road is put under contract in one year from, the first day of September, 1853 ; provided also, that said stock is not to be called in faster than five per cent per month on the whole amount, and no installment is -to be called in on said stock until the whole road from Burlington to…

1Opinion of the CourtDillon, J.

-The promise of the defendant to pay the subscription was dependant upon the performance of a prior act to be done by the plaintiff, viz.: “ to put the said road under contract in one year from the 1st day of September, 1853,” * * * “with condition to be built (from Burlington to Fairfield) .within twenty months from the time of letting such contract.” The performance of this prior act on the part of the plaintiff, was a condition precedent to his right of recovery, for until performed the contract was not obligatory upon the defendant The petition avers, indeed, that the “road from…

2Cited by18 opinions

  1. Cooper v. Ft. Smith & W. R. Co.Supreme Court of Oklahoma · 1909
  2. Frank v. Stratford-HandcockWyoming Supreme Court · 1904
  3. Powers v. RudeSupreme Court of Oklahoma · 1904
  4. Edgerton v. TaylorSupreme Court of North Carolina · 1922
  5. Colbath v. H. B. Stebbins Lumber Co.Supreme Judicial Court of Maine · 1929

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