McNeil v. Chicago City Railway Co.

Citations

• 61 Ill. 150

Syllabus

<p>1. Charter—contract. Where the charter of a horse railway company authorized them to build a single or double track railway over an)' streets in the city of Chicago, as had been or should be authorized by the common council, and full permission was given by ordinance to lay a track, in which a-time was fixed for its completion, and a forfeiture was provided for in case of non-completion, and before the expiration of the time the ordinance was amended and the time extended for the period of ten years: Held, that the operation of this latter ordinance was to extend the time for ten years after the expiration of the time fixed by. the previous ordinance.</p> <p>2. Acceptance op the terms op the ordinance. After this latter ordinance was adopted, the company passed a resolution adopting the terms of the ordinance on the condition of the repeal of certain other ordinances, and agreed to a postponement of laying the track for the time mentioned. Subsequently, the common council accepted the proposition contained in the resolution, reciting that the company had obligated itself to postpone the laying of the track for the period of ten years, and the amendatory ordinance was affirmed: Held, this did not constitute an abandonment of the right to build by the company, but merely a postponement of the right.</p> <p>3. Contract. The effect of this contract was to extend the time ten years longer, and the period of the delay began to run from the date of the ordinance accepting-the proposition contained in the resolution, and will end ten years from that date. The ten years extended time must be added to the original time given for laying the track.</p>