46 Kan. 300 | Kan. | 1891
The opinion of the court was delivered by
This' was an action brought in the district-court of Wilson county by O. V. Small against the Leroy & Caney Valley Air-Line Railroad Company and the Missouri Pacific Railway Company, in which the plaintiff alleged, among other things, that the defendants had constructed their railroad across his land under a contract; that they had not fulfilled their contract, but had committed a breach thereof; that they
It appears from the pleadings and the evidence, among other things, that the Leroy & Caney "Valley Air-Line Railroad Company was organized in 1885, for the purpose of constructing a line of railroad from a certain point in Wilson county to Elgin, in Chautauqua county. The company was composed entirely of persons living along the line of the proposed railroad. Some time afterward a committee was sent by the company to New York city, which, in pursuance of their authority, succeeded in procuring the Missouri Pacific Railway Company and one Warren H. Loss to enter into a written contract with this new company for the purpose of constructing this new line of railroad. By the terms of the contract Loss was the contractor to construct the railroad, and was also to procure the right-of-way for the railroad companies at his own expense. Afterward hé assigned ail his rights and interests under the contract to Simmons & Sidell, a partnership firm composed of James A. Simmons and Cornelius V. Sidell, who afterward constructed the railroad under the contract. Prior, however, to their construction of the railroad, they employed Isaac Hudson to procure the right-of-way through Wilson county. Commissioners were also appointed to procure the right-of-way through that county by virtue of condemnation proceedings. Hudson afterward, for the contractors and the railroad companies, entered into the ■ contract sued on, which was and is a contract with the plain
We do not think that there is anything further in this case that requires consideration or comment.
The judgment of the court below will be affirmed.