Kankakee & South Western Railroad v. Fitzgerald
Appellate Court of Illinois
Appeal from the Circuit Court of McLean county; the Hon. O. T. Reeves, Judge, presiding. In 1882, appellant (defendant below) was engaged in building a railroad from Kankakee to Bloomington, which was to pass through appellee’s farm. July 10th of that year appellant and appellee entered into a contract relative to the right of way through the farm, whereby appellee agreed to convey a strip of land one hundred feet wide through his farm.
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Appeal from the Circuit Court of McLean county; the Hon. O. T. Reeves, Judge, presiding. In 1882, appellant (defendant below) was engaged in building a railroad from Kankakee to Bloomington, which was to pass through appellee’s farm. July 10th of that year appellant and appellee entered into a contract relative to the right of way through the farm, whereby appellee agreed to convey a strip of land one hundred feet wide through his farm. This agreement contained the following provisions: “ The company agrees to build good fences and three farm crossings, and pay me $500 for my land, and for…
1Opinion of the CourtConger, J.
The contract granting the right of way through appellee’s farm and defining the duties of the company in reference to fencing, was under seal, and could not be modified, changed or enlarged by parol. Chapman v. McGrew, 20 Ill. 101; Hume v. Taylor, 63 Ill. 43; Barnett v. Barnes, 73 Ill. 216.
Hence, it follows that the admission of parol evidence, to show that at the time of the delivery of the deed there was a verbal agreement entered into between appellee and the agent of appellant that the fences should be built before the railroad was constructed, was error.
The rights of the parties were…
2Cases cited5 opinions
- Chapman v. McGrewIllinois Supreme Court · 1858
- Hume Bros. v. MossIllinois Supreme Court · 1872
- Seavey v. RogersIllinois Supreme Court · 1873
- Barnett v. BarnesIllinois Supreme Court · 1874
- Conger v. Chicago & Rock Island RailroadIllinois Supreme Court · 1854
3Cited by2 opinions
- Montefusco v. Cecon Construction Co.Appellate Court of Illinois · 1979
- Kinsley v. CharnleyAppellate Court of Illinois · 1889