Grand Trunk Western R. v. Chicago & Western Indiana R.

EVANS, Circuit Judge.

Plaintiff, one of five co-tenants of the railroad properties of the Chicago and Western Indiana Railroad Co., one of the defendants herein, and hereinafter called the defendant railroad, through a mistake, made an overpayment of rental to said defendant railroad. This mistake occurred because it and other lessees misconstrued a provision of the lease, which was executed in 1888, for a term of two years, and which continued in force, though subsequently amended in other respects, to the present time. The five lessees owned all the stock of defendant railroad and in equal…