Chicago & Alton Railroad v. Chicago, Vermilion & Wilmington Coal Co.

Citations

• 79 Ill. 121

Syllabus

<p>1. Contract—liability of subsequent purchaser to perform it. Certain individuals constructed a railroad twelve miles long, extending from a coal mine, belonging to a coal company, to a station on the Illinois Central railroad, and, on the 30tli of April, 1869, the)' sold the same to a railroad company, and turned it over to them, and, on the same day, the company purchasing turned it over to another railroad company. The last named company operated the road in pursuance of the contract of sale between the first owners and the purchasers from them, for three years, complying with the terms of said contract as to rates of freight to be charged to the coal company for transportation of its coal. The individuals building and selling the road, and the coal company, were the same: Meld, that the railroad company last purchasing, by taking the road and recognizing the rates of freight established by the contract of sale, adopted the contract, and were bound by its terms, and that the coal company could maintain an action against them for a breach of it.</p> <p>3. Payment—whether voluntary. In such case, where the coal company had no other outlet for its coal, and the railroad company exacted more freight than, by the terms of the contract, they were entitled to, the coal company should be considered as under a kind of moral duress, and the payment by them of the freight demanded, under such circumstances, can not be considered voluntary, and they would have the right to sue upon the contract, and recover back the excess of freight paid over the contract rate.</p> <p>3. Railroads—act to prevent unjust discrimination by, does not annul prim' contracts. The act of the General Assembly, to prevent extortion and unjust discrimination by railroads, was not designed to reach a case where a contract existed, prior to its passage, to carry on certain terms. It was not intended to interfere with or abrogate existing contracts fairly made prior to its passage.</p> <p>4. Mutuality