Poole v. Elberton & Eastern Railway Co.

The plaintiff sued the railway company for its failure, as he contended, to carry out a contract relating to certain land. The petition alleged: “They desired a right of way across the above-described premises. Petitioner told them that he was willing for them to have a right of way, but that he was using said premises for a pasture, and wished to continue that use of the same. The agent of said railway company taking the contract for a right of way and representing the company agreed that his rights and his use as to the said premises for the purpose of pasturage should be fully protected;…