Kansas City Terminal Railway Co. v. Kansas City Transit, Inc.

SPERRY, Commissioner.

This is a suit in equity by Kansas City Terminal Railway Co., a Corporation, plaintiff, against Kansas City Transit Co., defendant, and City of Kansas City, hereafter referred to as City, for a declaratory judgment, specific performance, and equitable relief. The pertinent evidence was documentary or by stipulation. Plaintiff prevailed, as against defendant, but City had a money judgment against plaintiff, from which plaintiff has not appealed. Defendant appeals.

Defendant says that there is but a single question involved on this appeal, to wit:

“ * * * whether the…