Lane v. Pacific & Idaho Northern Railway Co.

Citations

• 8 Idaho 230
• 67 P. 656
• 1902 Ida. LEXIS 8

Syllabus

<p>Contract — Specific Performance — Railway Company — Building Switch. — Where a contract under which a railway company enters and obtains a right of way provides that it shall place its fences at the edge of the pit ground, on both sides of its track, and that it shall construct a switch or sidetrack on the land granted for the right of way, specific performance will be decreed, and cannot be defeated on the ground that it is impracticable to compel specific performance.</p> <p>Contract — Implied Promise — Acceptance — Estoppel. — Where a party to contract accepts it, acts under it, and obtains all of the benefits that were intended to be granted by it, he is estopped from objecting to the same on the ground that he did not sign it, as the law implies a promise on his part to perform the conditions of such contract from his act of accepting it.</p> <p>Implication from Promise to do a Thins. — Where a party agrees to do a certain thing, and does' not specify how it shall be done, the law implies a promise on his part to do it in the usual manner, and that it shall be complete and effectual for the use to which the same kind of thing is generally applied.</p> <p>Alteration of Contract — Effect on Innocent Party. — The alteration of a contract by adding words thereto without the knowledge or consent of the obligor, after its delivery, while ground for rescission at the option of the obligor, does not affect its rights, and he may have the contract enforced as originally made by him.</p> <p>(Syllabus by the court.)</p>