Belzoni Oil Co. v. Yazoo & Mississippi Valley Railroad

Citations

• 94 Miss. 58
• 47 So. 468

Syllabus

<p>1. CoEroEATiONS. Adoption of officer’s act. Estoppel. Deeds.</p> <p>A written agreement giving a license to a railroad company to locate and use a spur track over tbe land of a corporation, though signed by its president in bis individual name, is tbe contract of tbe corporation if it knew of tbe long úse of tbe track for its benefit and acquiesced therein, and it is estopped to claim that it did not execute tbe agreement.</p> <p>2. License. Bight given hy agreement. Bailroad spur trade.</p> <p>A writing in tbe form of an agreement between an oil company and a railroad company, and the successors and assigns of each, reciting that tbe oil company desired side tracks to facilitate its business, and wherein tbe oil company agreed to furnish tbe needed ground and give the railroad company tbe exclusive possession thereof so long as the agreement lasted and to do tbe grading and furnish tbe ties, and by which tbe railroad company was to construct the tracks and be tbe owner of them, and tbe materials therein, with tbe right on thirty days’ notice to abandon the use of them and remove the materials, confers a 'mere license, not coupled with an interest in the land, and does not grant an estate or easement.</p> <p>3. Same. Revocation. Refunding expense money.</p> <p>A mere license to maintain a spur track on the land of the licensor is revocable without refunding to the licensee any sum on account of expenditures made by him in laying the track.</p> <p>4. Injunction. Chancery pleading. Amendment of hill.</p> <p>In determining whether an injunction granted on an original bill shall be dissolved, an amended bill should be-looked to; and it will not be dissolved where the same injunction in effect should be granted on the amended bill, which is at the same time under consideration.</p> <p>5. Same. Amending hill. Changing cause of action. ■</p> <p>An amended bill does not change the cause of action, where the foundation fact, a certain agreement for a spur track of a railr