Hunt v. Upton

Citations

• 44 Wash. 124
• 87 P. 56
• 1906 Wash. LEXIS 799

Syllabus

<p>Subscriptions — Construction of Railroad — Conditions as to Terminus — Performance—Question for Jury. In an action upon a subsidy agreement for the construction of a railroad to begin “at or near W. Junction” it is for the jury to say whether the contract was performed by beginning the railroad at H. Junction, about one mile from W. Junction, considering all the circumstances with due regard to the general direction, location, and length of the road.</p> <p>Same — Construction of Contract — Location of Main Line, a subsidy agreement for the construction of a railroad from W. Junction to W. via Eureka Flat, “said road to extend to the head of Eureka Plat,” is properly construed to authorize a main line between the specified termini via the locality known as Eureka Flat, with a branch line to the head of Eureka Flat, where it appears that, to require the main line to run to the head of Eureka Flat, would in effect make the main line two sides of a triangle enclosing an acute angle (Rudkin, J., dissenting).</p> <p>Same — Performance of Individual — Incorporation op Company. A subsidy agreement for the construction of a railroad by an individual is complied with by him where the contract was completed by a railroad corporation which he incorporated for the purpose of obtaining a right of way, and of which he held substantially all the capital stock.</p> <p>Subscriptions — Construction—Substantial Performance, A subsidy agreement between individuals in aid of the construction of a railroad is not to be strictly construed, and a substantial performance of the contract is sufficient.</p>