Lynch v. Eastern, La Fayette & Mississippi Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. The case is stated iu the opinion. 1. By the contract of July 20, 1880, the subscription of the town was conditioned that the defendant railway company should, by the use of its capital stock and its credit, build a certain road. When this road was built, then the company would take the bonds, and the town would take the stock, which would give it an interest in the road.
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APPEAL from the Circuit Court for La Fayette County. The case is stated iu the opinion. 1. By the contract of July 20, 1880, the subscription of the town was conditioned that the defendant railway company should, by the use of its capital stock and its credit, build a certain road. When this road was built, then the company would take the bonds, and the town would take the stock, which would give it an interest in the road. This condition is a valid one; the town is bound if the condition is performed and released if it is not. 1 Redf. on Railways (4th ed.), 171, 177, notes 6, 7; Oldtown c&…
1Opinion of the CourtTaylor, J.
This action is brought by the appellant, a resident and tax-payer of the town of Gratiot, La Payette county, against the defendant railway company, the town boai’d of supervisors and the town clerk of said town, and Bans B. Warner, late secretary of state of Wisconsin, to enjoin perpetually the delivery to the defendant railway company or to its assignee of thirty bonds, each for the sum of $500, of the town of Gratiot, issued by the town board of supervisors and clerk to the defendant railway company, in aid of the construction- of a railway to be built by it from Monroe, in Green county, to…
2Cases cited7 opinions
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