International & Great North. R. R. v. Dawson

Citations

• 62 Tex. 260
• 1884 Tex. LEXIS 222

Syllabus

<p>1. Contract — Rahway company.— The present weight of authority is to the effect that a railway corporation can bind itself to maintain perpetually a permanent depot at a particular place. T. & St. L. R. Co. v. Robards, 60 Tex., 545; Morawetz on Private Corporations, sec. 209; Green’s Brice’s Ultra Vires, secs. 103 and 108, cited.</p> <p>% Pleading.— An action can be maintained for the value of certain land conveyed to a railway company, the consideration being a parol agreement between the grantor and the company that the latter’s depot should be permanently located in the southern part of a certain city, the railroad having afterwards removed its depot from that location.</p> <p>3. Evidence — Deed.— Parol evidence in certain limited cases is admissible to show the existence of an oral agreement precedent to the attaching of any obligation under a written contract. Wharton on Evidence, sec. 928; R. R. Co. v. McKinney, 55 Tex., 176; R. R. Co. v. Pfeuffer, 56 Tex., 66; R. R. Co. v. Garrett, 52 Tex., 133; Wooters v. R. R. Co., 54 Tex., 294, cited.</p> <p>4. Verdict — Excessive damages.— This court will not disturb a verdict on the sole ground that in its opinion the proof was not sufficient to support it, when it appears that there was lawful evidence on which to base such verdict.</p>