American Metal Products Co. v. A. Geo. Schultz Co.

Respondent made the agreement with appellant set out in the statement of facts. Under the stipulations of that agreement an easement over respondent’s land was provided for, and a sidetrack bringing switching facilities to the boundary of appellant’s land was to be constructed by respondent. The appellant is entitled to specific performance of the contract on respondent’s part: (1) If the time has arrived for the performance of this covenant; that is, if the clause “at such time as it [respondent] will begin building operations” can fairly be construed to refer to the time of building the…