Crow v. Owensboro and Nashville R. R.
Court of Appeals of Kentucky
Case21 — -RESCISSION APPEAL PROM DAVIESS CIRCUIT COURT. 1. If the appellant was entitled to a specific execution of the contract the-court erred in dismissing the petition. 2. If to locate a depot on the land conveyed means to build and maintain a station for the reception and discharge of freights and passengex-sthen there is a consideration, and appellees ought to be compelled to discharge tlieir contract, or it ought to be annulled..
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Case21 — -RESCISSION APPEAL PROM DAVIESS CIRCUIT COURT. 1. If the appellant was entitled to a specific execution of the contract the-court erred in dismissing the petition. 2. If to locate a depot on the land conveyed means to build and maintain a station for the reception and discharge of freights and passengex-sthen there is a consideration, and appellees ought to be compelled to discharge tlieir contract, or it ought to be annulled.. Civil Code, sec. 90; "Waterman oxx Specific Performance of Contracts, sec. 398; Lytton v. Great N orthem R. R. Co., 2 K. & J., 394. 1. As long as appellees…
1Opinion of the Court
JUDGE HINES
delivered the opinion op the court.
In 1869 appellant executed to appellee a conveyance-for five and two-thirds acres of land containing these provisions: 4 4 For, and in consideration of a depot being located on the same, we hereby bargain, sell, and convey to the Owensboro and Russellville R. R. Company” a certain defined boundary of land, and concluding: “In this transfer it is to be distinctly understood that said land is to be used by said railroad company for railroad purposes solely, and in case of any violation of this agreement by said company then said land shall revert to…
2Cited by5 opinions
- Asher v. G. F. Stearns Land & Lumber Co.Court of Appeals of Kentucky (pre-1976) · 1931
- Coke v. Shanks, AuditorCourt of Appeals of Kentucky (pre-1976) · 1927
- Cawood v. Cawood's Adm'xCourt of Appeals of Kentucky (pre-1976) · 1940
- Bradley v. SearsCourt of Appeals of Kentucky · 1910
- Cline v. HatcherCourt of Appeals of Kentucky · 1911