Ottumwa, Cedar Falls & St. Paul R'y Co. v. McWilliams
Supreme Court of Iowa
Appeal from, Poweshiek District Court. This is an action in equity, in which the plaintiff demands the specific performance of a written contract entered into by the defendant Robert McWilliams, by wbicb be bound himself to convey to the plaintiff the right of way for a railroad over certain land owned by bim. There was ■ a decree in the district court for tbe plaintiff, and defendants appeal. • *
1Opinion of the CourtRothrock, J.
I. The written contract upon which the action is founded is as follows:
“'$120.00.
*1661. specific cont?acttoCe' convey right of way: suificiency of description, “ In consideration of one dollar in hand paid, and a further consideration of $120.00, to be paid before work is com-menced, and of the location and construction of the Ottumwa, Cedar Falls & St. Paul Eailroad, _ ^ , - -ri and the benefits to be derived therefrom, I do t 7 hereby release to said railroad company the right of way through the land owned by me in sections 22 and 28, Tp. 79, E. 13, Poweshiek county, la., together with all…
2Cases cited3 opinions
- Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
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- Chicago & South-western R. R. v. SwinneySupreme Court of Iowa · 1874
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