Missouri Pacific Railway Co. v. Levy
Missouri Court of Appeals
Appeal from the Cass Circuit Court, Hoe. Noah M. Civ an, Judge. I. Indorsed upon the contract in this case there is a stipulation for all steel rails. This was not complied with. There were one and one-half miles of iron rails until long after January 1, 1881, the time limited in the note. If the company need not complete the railroad with steel rails in the time limited, then it need not at all. It was not bound to do so at any other time.
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Appeal from the Cass Circuit Court, Hoe. Noah M. Civ an, Judge. I. Indorsed upon the contract in this case there is a stipulation for all steel rails. This was not complied with. There were one and one-half miles of iron rails until long after January 1, 1881, the time limited in the note. If the company need not complete the railroad with steel rails in the time limited, then it need not at all. It was not bound to do so at any other time. If it might omit one mile of steel rails it might omit ten miles’. Defendant had a right to insist on a strict compliance with the conditions. Such…
1Opinion of the Court
Opinion by
Philips, P. J.
The Qjily difference in the facts of this case and that of this plaintiff against R. A. & John Atkison, just decided by this court, consists in the following indorsement on the back of the contract signed by the defendant Levy:
“This note is only payable when the Lexington & Southern Railroad Company completes and puts in operation its railroad of standard gauge and steel rails from the town of Pleasant Hill, in Cass county, Mo., to the city of Butler, Bates county, Mo., on or before January 1, 1881.”
On the trial “it was admitted, for the purpose of this case, that on…
2Cases cited16 opinions
- Noble v. BlountSupreme Court of Missouri · 1883
- Lemon v. ChanslorSupreme Court of Missouri · 1878
- State v. ElkinsSupreme Court of Missouri · 1876
- Miller v. CovertNew York Supreme Court · 1828
- Wait v. PomeroyMichigan Supreme Court · 1870
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Donnell v. WrightSupreme Court of Missouri · 1899
- Beattie Manufacturing Co. v. GerardiSupreme Court of Missouri · 1901
- Spratt v. EarlySupreme Court of Missouri · 1906
- Kilpatrick v. RobertSupreme Court of Missouri · 1919
- Craycroft v. W. G. Walker & Co.Missouri Court of Appeals · 1887
9 more not listed; retrieve them via the Exa API.