Legal Opinion

St. Joseph & Denver City Rld. v. Ryan

Supreme Court of Kansas

Decided July 15, 1873PublishedCited by 34 opinions

Error from Doniphan District Court. Action by Ryan to recover damages for a breach of the contract set out in the opinion, infra. Ryan alleged that he made the conveyance, and fulfilled on his part all the conditions of said contract, but that the.

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Error from Doniphan District Court. Action by Ryan to recover damages for a breach of the contract set out in the opinion, infra. Ryan alleged that he made the conveyance, and fulfilled on his part all the conditions of said contract, but that the. Railroad Company, in violation of said contract, and in disregard of its duty in that regard, had erected and used and was still using a depot, on the line of its road at a place called Severance, which was within a mile and three-quarters of the depot located'in accordance with the terms of said contract, and that at their said depot at Severance…

1Opinion of the Court

The opinion of the court was delivered by

Beéwee, J.:

The defendant in error brought his suit in the district court upon the following instrument of writing, claiming damages for the breach thereof:

*607“ Know all men by these presents, that for and in consideration of one hundred dollars in hand paid by the St. Joseph & Denver City Railroad Company, a corporation organized under the laws of the state of Kansas, I do hereby give, grant, bargain and sell unto said Railroad Company the right of way through the following described lands, situated in the county of Doniphan and state of Kansas, to-wit:…

2Cases cited3 opinions

  1. Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
  2. State v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1861
  3. Pacific Railroad v. SeelySupreme Court of Missouri · 1870

3Cited by34 opinions

  1. Louisville, New Albany & Chicago Railway Co. v. SumnerIndiana Supreme Court · 1886
  2. Edwards v. Goldsboro.Supreme Court of North Carolina · 1906
  3. People ex rel. Hunt v. Chicago & Alton RailroadIllinois Supreme Court · 1889
  4. Wittenberg v. MollyneauxNebraska Supreme Court · 1900
  5. Atlanta & West Point Railroad v. CampSupreme Court of Georgia · 1908

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