Front Street, Mission & Ocean Railroad v. Butler
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The defendant and several other persons entered into a contract with the. plaintiff by which each of the subscribers 'was to pay the plaintiff the sum of money placed opposite his name.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The defendant and several other persons entered into a contract with the. plaintiff by which each of the subscribers 'was to pay the plaintiff the sum of money placed opposite his name. In consideration thereof, the company agreed and bound itself to construct and maintain a street railroad with a double track, commencing upon Bush street, at its intersection with Polk street; thence westerly along Bush street to Fillmore street; thence northerly on Fillmore to California street; thence westerly along…
1Opinion of the Court
By the Court :
As we construe the contract, Butler was to pay ten per cent, upon the beginning of the work; an additional ten per cent, when the line of the road shall have progressed the distance of four blocks westerly from Polk street; an additional ten per cent, when the line shall have been completed opposite the land of Butler, and the remainder in monthly installments of ten per cent, thereafter.
In fact, the foregoing is substantially the language of the contract itself.
The covenant to make monthly payments, after the first three payments, was independent—at least so far as the…
2Cited by24 opinions
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- Crampton v. McLaughlin Realty Co.Washington Supreme Court · 1909
- Clark v. WestAppellate Division of the Supreme Court of the State of New York · 1910
- Garrison v. CookeTexas Supreme Court · 1903
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