William Brown Estate Co. v. Wayne County
Supreme Court of Missouri
Appeal from Wayne Circuit Court. (1) Wayne county, by its contract, and performance thereof by the railway company, and by the acts and conduct of its officers relating to such contract and its performance, and to their inducing and encouraging the railway company to change its first and adopted route through that county, to a second and more difficult route, is, by reason of the aforesaid contract and its performance and the acts and conduct of its officers as aforesaid,…
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Appeal from Wayne Circuit Court. (1) Wayne county, by its contract, and performance thereof by the railway company, and by the acts and conduct of its officers relating to such contract and its performance, and to their inducing and encouraging the railway company to change its first and adopted route through that county, to a second and more difficult route, is, by reason of the aforesaid contract and its performance and the acts and conduct of its officers as aforesaid, estopped from claiming that such contract is invalid and void. Dillon on Mun. Corp. [4 Ed.], sec. 459, p. 533, and note 2;…
1Opinion of the CourtBrace, J.
— This is an appeal from the judgment of the circuit court of Wayne county sustaining a demurrer to the plaintiff’s petition, the substance of which is as follows: That on the fourteenth of March, 1882,. the said county of Wayne and the Cape Girardeau & Southwestern Railway Company entered into the following contract in writing and of record, to wit:
“Whereas the Cape Girardeau Southwestern Railway Company has this day bought all of the remaining- and unsold swamp and overflowed lands belonging to Wayne county, State of Missouri, for the price and sum of $1.25 per acre, the total amount of…
2Cases cited1 opinion
- Cape Girardeau Southwestern Railway Co. v. HattonSupreme Court of Missouri · 1890
3Cited by4 opinions
- State ex rel. Wheeler v. AdamsSupreme Court of Missouri · 1901
- St. Louis, Cape Girardeau & Fort Smith Railway Co. v. Wayne CountySupreme Court of Missouri · 1894
- Sugg v. Wisconsin Lumber Co.District Court, E.D. Missouri · 1922
- Simpson v. Stoddard CountySupreme Court of Missouri · 1903