Miller v. G., C. & S. F. R'y Co.

Citations

• 65 Tex. 659
• 1886 Tex. LEXIS 725

Syllabus

<p>1. Railroads—Subscription—Right of way—Location of depot—Obligation— Construction of contract—Good faith—Suit was brought by a railway company upon certain notes executed by citizens of a town, the consideration being the early construction of the road to that town. The condition was annexed to each note, that, if the road was not completed to the town by a certain date, the obligations were to become null and void. About the same time a number of citizens, including defendants, executed a bond in the sum of $7,000, conditioned that “ we shall cause to be secured to the said railway company all necessary conveyances for right of way for said company through our county and town, etc., when detnanded by it, on any line it may locate that touches the corporate limits of the town, etc.” The charter of the company provided that the road should run as near as practicable to the town referred to, and, in the event its citizens donated to the company the necessary right of way for road, switches and turnouts, through the town, and sufficient ground for depot purposes, the depot should be located within half a mile of the court house. At the time the subscriptions were raised, in lieu of which the notes were given, one of the directors of the road, acting as spokesman for himself and several other directors who were present, said, in a public speech to the citizens : “We desire you shall procure for us the right of way along two lines through your town and county, thereby enabling us to procure the most practicable route. Then, we shall expect you to procure the necessary ground in your city for depot purposes ; and, lastly, we ask you to donate a specified sum of money.” Held</p> <p>(1) That the instruments sued upon, together with the right of way bond, taken as one transaction, construed in the light of the circumstances surrounding the parties at the time, and with reference to the obligations imposed upon the company by its charter, must determine the right to recove