Atlanta & West Point Railroad v. Speer
Supreme Court of Georgia
Rill iii equity, iu Troup Superior Court, and decision on demurrer, made by Judge D. F. Hammond, at Chambers, on the 6th of March, 1861. On the 10th of December, 1850, William A. Speer executed a deed to the Atlanta and West Point Railroad Company, (then called the Atlanta and LaGrange Railroad Company,) of the material parts of which the following is a copy, to-wit: “ The said William A. Speer, for and in consideration of running their contemplated railroad on and along his…
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Rill iii equity, iu Troup Superior Court, and decision on demurrer, made by Judge D. F. Hammond, at Chambers, on the 6th of March, 1861. On the 10th of December, 1850, William A. Speer executed a deed to the Atlanta and West Point Railroad Company, (then called the Atlanta and LaGrange Railroad Company,) of the material parts of which the following is a copy, to-wit: “ The said William A. Speer, for and in consideration of running their contemplated railroad on and along his land, as well as in consideration of the sum of five dollars to him in hand paid,” before the execution of the deed, “…
1Opinion of the Court
*553 By the Court.
Jenkins, J.,
delivering the opinion.
The bill in equity which the plaintiff in error insists should have been dismissed on demurrer in the Court below, has three objects.
1st. To compel specific performance of a contract in the future.
2d. To recover damages for past breaches of the same contract.
3d. To reform that contract by the insertion of a word alleged to have been omitted by mistake.
The plaintiff in error, a railroad corporation, in consideration of a grant of a right-of-way through the defendant’s premises, contracted to place beside their road, on said premises, a platform…
2Cited by12 opinions
- Iron Age Publishing Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1887
- Louisville, New Albany & Chicago Railway Co. v. BodenschatzIndiana Supreme Court · 1895
- Atlanta & West Point Railroad v. CampSupreme Court of Georgia · 1908
- Fargo v. New York & New England RailroadNew York Supreme Court · 1893
- Gaulding v. BakerCourt of Appeals of Georgia · 1911
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