Burns v. Heron

This litigation involves a contract made in 1911, whereby Thomas D. Burns gave and granted unto Belle Land & Development Company, its successors and assigns, “the exclusive right to the use of thes telephone line and poles constructed and erected by * * * (Burns) * * * between the towns of Chama and Tierra Amarilla, New Mexico, for the period of fifty years * * * for the operation of a telephone system 'between said towns * * * and other towns and cities.” In consideration of that grant, construed by the trial court as a lease, the lessee agreed that the lessor should “have the exclusive use…