64 Iowa 149 | Iowa | 1884
The plaintiffs, Cicero Close and Jeremiah Gray, are the owners of certain land in Black Hawk county, which land is crossed by the railroad now owned and operated by the defendant, The B., C. R. & N. R’y Co., but formerly by the defendant, The B., C. R. & M. R’y Co. Soon after the construction of the road, the plaintiffs became desirous of securing the location of a depot on or near their land. With this view, they entered into negotiations with the original company, then owning and operating the road. They had already conveyed a right of way, and in regard to that no question appears to have been raised. The company needed other ground for a depot, and the plaintiffs, for the purpose of securing its location at such place as they desired, offered the company certain inducements. They gave the company $350 in money, and conveyed to it for depot grounds a strip of land one hundred feet wide and sixteen hundred feet long. They also platted certain ground near the depot grounds, and agreed to convey to the company six blocks of lots; but afterwards this contract was changed; the plaintiffs were released from conveying the lots, and each gave his promissory note to the company for $200. The depot building was erected at the place desired, and was used for several years, and until it was destroyed by fire. No new one was erected in its place. In 1876 the road was sold to the defendant, The Burlington, Cedar Rapids & Northern R’y Co. This compaiiy took possession, and determined to rebuild a depot where the old- one stood, but did not carry out its intention. It became dissatisfied with the location. The public roads which had been
The alleged liability of the latter is predicated by the plaintiffs upon several grounds. The one principally relied upon, as we understand, is the fact that the appellant has become the owner of the so-called depot grounds conveyed by the plaintiffs to the original company. The appellant denies that it has become the owner, but we are inclined to think that it has, and shall proceed upon this assumption. If it is the owner, it derived its title through the deed made by the
We do not care to set out a copy of the contract. It is very doubtful under the authorities whether it could be said to contain a covenant on the part of the original company; but, conceding that it does, we cannot think that the reference is sufficient to import the covenant .into the deed, to say nothing of the question as to whether it, if so imported, would
The plaintiffs cite and rely upon Varner v. The St. L. & C. R. R. Co. et al., 55 Iowa, 677. In that case the road was built by The St. L. & C. R. R. Co. The plaintiff made a contract with that company. Afterward the road was sold to another company, and the plaintiff was allowed to enforce his contract against property of the latter company. But the contract in that case was a contract for a deed of a right of way, and the plaintiff was merely allowed to enforce his claim for compensation against the land which he contracted to convey. The consideration for the contract was an agreement to fence. No fence having been built, the damages were ascertained as the amount due the plaintiff, and 3‘udgment
We have not noticed every consideration urged by the plaintiffs’ counsel, but we think that they are substantially disposed of by the views which we have expressed.
Modified and Affirmed.