94 Me. 386 | Me. | 1900
This is an action of debt upon a bond, the execution and delivery of which áre not denied. The condition of the •bond is as follows: “Whereas the United States Construction Company is about to construct a narrow gauge railroad, leading from Burnham to Pittsfield, and crossing the land of Will Hunt, as indicated by the location of said railroad, filed with the register of deeds, in the counties of Waldo and Somerset. Now if the said United States Construction Company shall well and truly pay to the said Will Hunt any and all land damages and costs of court adjudged by the county commissioners, of Waldo county to be due said Will Hunt by reason of the construction of said railroad across the land of said Will Hunt, as aforesaid, within ninety days of said adjudication of said county commissioners, then this bond shall be void, otherwise to be in full force.”
The Construction Company immediately after the delivery of this bond began work on the plaintiff’s land and partially, at least, constructed a railroad across it. At the next term of the county commissioners’ court, for Waldo county, the plaintiff presented his petition to have appraised his damages for the taking his land for railroad purposes, and recited in this petition that his land had been taken by the Wiscasset and Quebec Railroad Company under
In fine, the defendants have obtained what they presumably sought for in giving the bond. Their objections to making the agreed payment (those which we have above noticed and any others) seem to us clearly futile.
Judgment for the plaintiff for the penal sum and execution to issue for the whole sum.