Linthicum v. Washington, Baltimore & Annapolis Electric Railroad

Citations

• 124 Md. 263

Syllabus

<p>Specific perform'ance: compensation decreed instead of—. Equitable jurisdiction: complete relief. Covenants running with the land: conditions and burdens; liability of assignee. Railroads: public or private crossings; covenants as to—. Contracts: carelessness; when no defense.</p> <p>A covenant to run with the land must relate to something then existing; covenants relating to something in the future are personal merely. p. 268</p> <p>But a vendor may impose restrictions, on land conveyed by him, for the benefit of his remaining land, in such a manner, as to be binding, not only on the vendee, but on the assignees of the vendee, even though such restrictions are not, strictly speaking, covenants running with the land. p. 268</p> <p>Deeds for rights of way to railroad companies are assets, and pass to their grantees or mortgagees, subject to the conditions and burdens contained therein. p. 268</p> <p>Where a part of the consideration in a deed was the performance of certain covenants and conditions, relating to the construction and maintenance, by the grantee railroad company, of certain crossings, at points indicated on a plat, with certain grades, etc., the covenant is obligatory upon a railroad, the successor of the grantee. p. 270</p> <p>Such a covenant is a binding obligation upon the assignee, and remains a subsisting obligation, until performed or released by agreement, or until the satisfaction of an award of compensation for the non-performance. p. 269</p> <p>Where a deed conveying land, for railroad construction, defines, and shows on a plat, the strip of ground where crossings are to be located, and, in stating the covenants or conditions, as to the crossings, specifies the grades, etc., the agreement can not be held void for uncertainty, merely because it was not provided whether the crossings should be above or below grade. p. 270</p> <p>Eot every agreement that is precise, definite and certain will be decreed to be specifically performed. p. 270</p> <