Dickey v. Kansas City & Independence Rapid Transit Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court — Hon. John W. Henry, Judge. (1) The letter of August 10,1886, and not the duplicate paper of September 22, 1888, is the contract which was made. The latter paper was never delivered in legal contemplation. Rogers v. Carey, 47 Mo. 232. (2) Perpetual passes were never contracted for. (3) Perpetual passes were, in fact, issued so that the contract sued on has been fully performed and merged in the passes. Hrie v. Railroad, 88 Pa.
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Appeal from Jackson Circuit Court — Hon. John W. Henry, Judge. (1) The letter of August 10,1886, and not the duplicate paper of September 22, 1888, is the contract which was made. The latter paper was never delivered in legal contemplation. Rogers v. Carey, 47 Mo. 232. (2) Perpetual passes were never contracted for. (3) Perpetual passes were, in fact, issued so that the contract sued on has been fully performed and merged in the passes. Hrie v. Railroad, 88 Pa. St. 243. (4) The defendant is not bound by the pass contract either on the allegations of the petition or under the evidence. Hall v.…
1Opinion of the CourtBurgess, J.
This is an action against defendant as grantee of the Kansas City, Independence & Park Railway Company to enforce specific performance of a contract, which, it is alleged, was entered into by plaintiff with said company, by which it, in consideration of the relinquishment of the right of way over plaintiff’s blocks of ground, promised and agreed to furnish to him and all the members of his family perpetual free passes over its road.
The petition, after alleging that defendant is a corporation, duly organized, proceeds as follows: “That on the tenth day of August, 1886, and for a long time…
2Cases cited5 opinions
- Hoard v. Chesapeake & Ohio RailwaySupreme Court of the United States · 1887
- Eddy and Cross, Receivers v. HinnantTexas Supreme Court · 1891
- Cook v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1874
- Helton v. St. Louis, Keokuk & Northwestern Railway Co.Missouri Court of Appeals · 1887
- Ruddick v. St. Louis, Keokuk & Northwestern Railway Co.Supreme Court of Missouri · 1893
3Cited by5 opinions
- Hawkins v. Central of Georgia Railway Co.Supreme Court of Georgia · 1903
- White v. Atlanta, Birmingham & Atlantic RailroadCourt of Appeals of Georgia · 1908
- Consolidated Arizona Smelting Co. v. HinchmanCourt of Appeals for the First Circuit · 1914
- Wallace v. Ann Arbor & Ypsilanti Electric Railway Co.Michigan Supreme Court · 1899
- Munro v. Syracuse, Lake Shore & Northern RailroadAppellate Division of the Supreme Court of the State of New York · 1908