127 Mo. App. 265 | Mo. Ct. App. | 1907
(after stating the facts).—From the recited facts it will be apparent that the appellant contends he has succeeded to and possesses the easement granted by the People’s Company to the Arsenal Company under the contract of June 25, 1888, and deduces his title thereto through the deed of trust executed by-the Arsenal Company to Charles Parsons, on July 2, 1888, and the trustee’s deed of said Parsons, foreclosing the said deed of trust and dated September 20,. 1898. His further contention is, as opposed to that of the respondent, that said contract is still in full force and entitles him to the relief he prays; that is, to operate cars over the Fourth street tracks now owned by the respondent. Eespondent, on the contrary, insists that the first contract was not intended to and did not embrace an easement to operate cars by electricity over the Fourth street tracks; and further, that it was abrogated by the second contract of December 13, 1895, providing for the operation of cars by that force over the portions of the track in dispute. Therefore, the first thing to do is to ascertain the scope and meaning of the first contract. Mr. Overall’s testimony shows that the only cars which came into his possession pursuant to the purchase of the Arsenal Company’s property at the foreclosure sale, were trolley cars, and that his demand was for the operation of that
The judgment is affirmed.'