Humphreys v. R. & M. R. R.

Citations

• 88 Va. 431
• 13 S.E. 985
• 1891 Va. LEXIS 57

Syllabus

<p>1. Deed — Conditional delivery — Pawl evidence.— Parol evidence is admissible to show that an agreement was delivered to obligee or grantee to take effect only upon the happening of a condition which is shown never to have happened. Nash v. Fugate, 32 Graft. 595.</p> <p>2. Idem — Case, at bar. — An agreement to grant right of way for a railroad which has been shown by parol evidence to have been delivered to the president of the road, on condition that it should not take effect unless it was necessary to the building of the road, or unless the board of directors should make compensation therefor. After road was completed, though no necessity had occurred for using the right of way, and though no compensation had been made therefor, the president turned the agreement over to the right-of-way agent, who was aware of sgid conditions;</p> <p>Held :</p> <p>The agreement was void, and plaintiff entitled to an issue of quantum damnijicaius to ascertain the damages to his land.</p>