Atchison, Topeka & Santa Fe Railway Co. v. Truskett
Supreme Court of Kansas
Error from Montgomery district court; Thomas J. Flannelly, judge. STATEMENT. This was an action for damages arising from an alleged breach of contract. On February 18, 1899, an agreement in writing was made between H. A. Truskett and other persons, referred to hereafter as “the stockholders,” on the one part, and the Atchison, Topeka & Santa Fe Railway Company, mentioned below as the “Atchison company,” on the other.
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Error from Montgomery district court; Thomas J. Flannelly, judge. STATEMENT. This was an action for damages arising from an alleged breach of contract. On February 18, 1899, an agreement in writing was made between H. A. Truskett and other persons, referred to hereafter as “the stockholders,” on the one part, and the Atchison, Topeka & Santa Fe Railway Company, mentioned below as the “Atchison company,” on the other. The relevant parts of the contract are as follows : “ Whereas, The Kansas, Oklahoma Central & Southwestern Railway Company, a corporation organized and existing under the laws of…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
At the time the written agreement was made on which this action was based, defendants in error, as promoters and stockholders of the Kansas; Oklahoma Central & Southwestern Railway Company, had laid out a right of way from Caney, in Montgomery *32county, Kansas, to Bartlesville, in the Cherokee nation, and a line from the latter town to Collinsville, a distance of about thirty-five miles, and had done some grading along the route. They were prosecuting the work under the rights of way granted by acts of congress referred to in the statement. The…
2Cases cited8 opinions
- United Press v. . New York Press Co.New York Court of Appeals · 1900
- Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
- Ehrsam v. BrownSupreme Court of Kansas · 1902
- Trustees of the Freeholders & Commonalty of Southampton v. JessupNew York Court of Appeals · 1903
- Thisler v. MackeySupreme Court of Kansas · 1902
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3Cited by10 opinions
- Hudson v. RileySupreme Court of Kansas · 1919
- Atchison, Topeka & Santa Fe Railway Co. v. VanordstrandSupreme Court of Kansas · 1903
- Estate of Boller v. BollerSupreme Court of Kansas · 1952
- Fossan v. GibbsSupreme Court of Kansas · 1914
- Fontron v. KruseSupreme Court of Kansas · 1918
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