Lyford v. North Pacific Coast Railroad
California Supreme Court
Appeal from a judgment of the Superior Court of Marin County. The action was brought to recover damages for alleged breach of contract by the North Pacific Coast Railroad Company to continue to operate its road over the land of plaintiff. Further facts are stated, in the opinion.
1Opinion of the Court
Temple, C.
In January, 1873, Mrs. Lyford, wife of the plaintiff, owned, as her separate property, a tract of land in Marin County, known as Strawberry Point. At that time, plaintiff and his wife contracted with the defendant to convey to it a right of way for its railway along a designated line, in consideration of one dollar and the mutual covenants contained in said contract.
Several covenants were contained in the contract, to be performed by defendant.
It would build its road within two years, and thereafter maintain and run regular daily passenger and freight trains to and from San…
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