Atchison, Topeka & Santa Fe Railway Co. v. Truskett

Citations

• 67 Kan. 26
• 72 P. 562
• 1903 Kan. LEXIS 200

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Contract wii/i Promoters Construed — Parol Testimony to Vary its Terms Inadmissible. Promoters of a railway organized two corporations (hereafter called the Oklahoma companies) identical in name, under the laws of Kansas and Oklahoma territory, and had begun the construction of a road from a town near the south line of Kansas into the Indian Territory. They had secured from congress an act granting their companies rights of way through Oklahoma and the Indian Territory, which act was twice extended and its provisions enlarged respecting the routes authorized to be built. The promoters were owners of the capital stock in the Oklahoma companies, and as such they made a contract in writing with the Atchison, Topeka & Santa Fe Railway Company containing this provision: ' “ The Atchison company agrees that within twelve months of the transfer and delivery to it of not less than eighty-five per cent, of the capital stock of the Oklahoma companies, ... it will complete or build, or cause to be built, at least thirty-five (35) miles of its railroad from the junction near Bartlesville., Indian Territory, towards Collinsville, Indian Territory, and cause the Oklahoma companies, and each of them, to assign and transfer to the stockholders ... all right, title and interest of said companies, and each of them, in or to any aids, concessions or donations obtained along the lines of railroad of said companies as constructed and described in said railway-extension bill.” The Atchison company built the thirty-five miles of road mentioned in the contract within the stipulated time, and no complaint was made by the promoters that they did not receive the aids and donations to which they were entitled for that distance. In an action by the promoters for the aids and donations alleged to have been received by the Atchison company along a line 100 miles in length, exclusive of the thirty-five miles of road referred to in the agreement, held