Missouri, Kansas & Texas Railway Co. v. Pratt

The opinion of the court was delivered by

Pollock, J. :

Action brought by O. H. Pratt to recover from the Missouri, Kansas & Texas Railway Company (herein called “the company”) payments made upon and money expended under a contract for the purchase of real estate. The facts are agreed upon, and are briefly these :

The company succeeded to the name and all the rights of the Union Pacific Railway Company, Southern Branch, under an act of congress granting aid to said company in the building of a line of railvray through the state from Fort Riley to the city of Fort Smith, in the state of Arkansas.…