Powell v. Dayton, Sheridan & Grande Ronde R. R.

This ease is reported in 12 Or. 488. It comes now on demurrer to an amended complaint. The only question involved and to be determined is, whether the covenants in the agreement are dependent or independent. At the former hearing, we held that they were dependent, and we are now urged to reconsider the grounds of that decision. The provision in the contract in respect to the purchase and payment is, that the defendant “ agrees to purchase of said Powell, and pay the said Powell, on or before the expiration of the said term of five years ” * * * and that “ on the said payment of said company,…