Clarke v. Omaha & Southwestern Railroad

If we admit, for argument’s sake, that the original contract for the sale of the plaintiff’s railroad lines to the defendant is against public policy and will not be specifically enforced by a court of equity, still he is entitled to relief. On the 31st day of December, 1869, the plaintiff subscribed for two hundred shares of stock in his own and others’ names. The articles subscribed contained a provision that the stock so subscribed should be paid for in money. Whatever may have been the object of this provision no one will contend that it could not be waived by the parties. The plaintiff…