50 Conn. 470 | Conn. | 1883
In 1869 Elisha Bloomer owned a tract of land in the town of Cromwell through which passed a highway which we will designate as highway Ho. 1. The town
Subsequently the Cromwell Brown Stone Quarry Company became the owner of the land, and the town having extended for five years the time within which highway No. 3 should be completed, the company executed its bond to the town in the sum of $4,000, conditioned upon the performance of the agreement of Bloomer as to highways Nos. 2 and 3. Subsequently the defendant became, and now is, the owner of the land, and refuses to construct highway No. 3. The town claims a decree enforcing the immediate construction thereof and $4,000 damages. Upon demurrer the case is reserved for the advice of this court.
Bloomer, in entering into the contract to construct and deed highwhy No. 3 to the town, took to himself five years in which to perform it; and in behalf of his successor in ownership the town added five years more; so that the consideration underlying his agreement is the promise of the town that at the end of.ten, possibly of more years, a highway existing thus long may be discontinued and be enclosed by him. This promise the town had no power to make or fulfil. The statute (Revision of 1875, p. 237, chap. 7, § 35,) provides that “ the selectmen of any town may, with
The right of the plaintiff to ask for a decree compelling the construction of way Ho. 8, rests upon its promise to destroy a public right. But the court will not sacrifice that right for the purpose of enforcing a private contract concerning it.
It is not necessary to consider other questions raised.
There is no error in the judgment complained of.
In this opinion the other judges concurred.