Board of Commissioners v. South Bend & Mishawaka Street Railway Co.

This was an action by the appellee to recover from the appellant the sum of $500.

On March 11th, 1885, the appellant granted to the appellee the right to lay a street railway on the highway south and west of the St. Joseph river, from South Bend to Mishawaka, upon certain conditions, one of which was that the appellee would pay into the treasury of St. Joseph county the sum of $500 within thirty days, said sum to be repaid to the appellee when the conditions were all complied with by the appellee.

At the request of the parties the court made a special finding. To the conclusions of law the…