Chidester v. Springfield & Illinois South Eastern Railway Co.

Citations

• 59 Ill. 87

Syllabus

<p>1. Oosteact—of its certainty. A party executed a bond to a railroad company, covenanting therein to convey to the company, in consideration of the construction of their road, depot and station house, in a certain locality, the right of way through a certain tract of land belonging to him,, “and also seven acres of land in said section, tract and orchard, adjoining to said right of way on either side thereofEeld, the instrument was not so uncertain in its terms as for that reason to be declared a nullity, and that the bond must have been understood by the parties as requiring a conveyance of the right of way wherever the company might choose to establish their track, and a strip of land of uniform width extending along the railway through the entire tract described in the bond, and having three and one half acres on each side of the right of way.</p> <p>% Specific performance—to what extent decreed. But the company having so constructed their road as to leave a tract containing but nine-tenths of an acre on one side of the right of way, it was held, erroneous, in a suit for the specific performance of the contract, to decree to the company the nine tenths of an acre on that side, and six and one tenth acres on the other. The company were at liberty so to locate their road as to entitle them to seven acres, and not having chosen to do so, they can not claim an equivalent on one side of the right of way for what they have voluntarily abandoned on the other.</p> <p>3. Same—of parol conditions with third persons. Upon its being contended that the bond was delivered by the obligor therein to a third person, to be held by him until the citizens of the town, in which the tract of land was situated, should raise and pay the sum of $350, as a further consideration for the conveyance, estimated to be one half the value of the land, which was never done, but of which condition the company had no knowledge, it was held, the bond having been delivered to the company, they, hav