Berns v. Standish Pipe Line Co.

The opinion of the court was delivered by

Allen, J.:

This action was to recover damages for breach of contract. From a judgment in favor of plaintiff, defendant appeals.

In the year 1931 the plaintiff, Arnold Berns, joined by his wife, entered into three written agreements with the Independent Pipe Line Company granting right-of-way easements for the laying and maintenance of a pipe line across four tracts of land situated in four sections and embracing 1,280 acres. The contracts were identical in form, except as to the land described, and granted to the pipeline company “the right to lay,…