Scott City Northern Railroad v. Wilkinson

The opinion of the court was delivered by

Mason, J.:

The Scott City Northern Railroad Company obtained a judgment against J. H. Wilkinson upon a note given as an inducement to the building of a railroad from Scott City to a point on the Union Pacific north of Russell Springs, and the defendant appeals.

The principal contentions upon which a reversal is asked are : (1) that the payment of the note sued upon was conditioned upon the building of a road by another company than that which did build it; and (2) that the conditions in other respects were not sufficiently performed. The note or contract…