Juliaetta Tramway Co. v. Vollmer

Citations

• 4 Idaho 408
• 39 P. 1115
• 1895 Ida. LEXIS 28

Syllabus

<p>Agreement to Build Railroad — Instrument Executed to Secure Performance — Court Holds is a Bond. — V. agreed, in consideration of the conveyance to him by S. of certain lots in the town of J., to construct a railroad to J. by the first day of January, 1891, and to erect or cause to be erected and constructed a depot and certain sidetracks upon the land of S., in said town of J., on or before May 29, 1891, and to secure such performance V. and one H. executed to S. their bond conditioned for the performance of said agreement under a penalty of $6,000. The road' was not completed nor the depot and sidetracks, until June 1,. 1891. No objection was ever made by S. to the failure to complete the work within the specified time. On August 25, 1893, S. assigned the said bond to plaintiffs, who, on October 27th, brought suit to recover the said sum of $6,000, as the price of the lots so as aforesaid conveyed by S. to Y., claiming said bond to be an alternative contract for the sale of land. Held, said, action could not be sustained.</p> <p>(Syllabus by the court.)</p>