Missouri River, Fort Scott & Gulp Railroad v. Brickley
Supreme Court of Arkansas
Error from Bourbon District Court. At the December Term, 1877, of the district court, Brickley, as plaintiff, had judgment against the Missouri River, Fort Scott & Gulf Railroad Company, as defendant, and it brings the case here for review. All necessary facts and proceedings are set forth in the opinion.
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Error from Bourbon District Court. At the December Term, 1877, of the district court, Brickley, as plaintiff, had judgment against the Missouri River, Fort Scott & Gulf Railroad Company, as defendant, and it brings the case here for review. All necessary facts and proceedings are set forth in the opinion. In this contract the times of payment are made of the very essence of the contract, and it is expressly stipulated, in unmistakable language, that if payment be not made at the times fixed, the contract shall be absolutely void. It is scarcely necessary to argue the proposition, that time…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The full statement of the case is found in the following findings of the court, to wit:
The above-named parties, on the 8th of January, 1876, mutually made and entered into the following contract, at the city of Fort Scott, Kansas, viz.:
[No. 10,488.] Land Department of the Mo. River, 1
Ft. Scott & Gulf Railroad Co. j
This agreement,'made this 8th day of January, in the year 1876, between the Missouri River, Fort Scott & Gulf railroad company, of the first part, and F. M. Brickley, of the county of Bourbon, state of Kansas, of the-second part,…
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