Morris v. Indianapolis, Bloomington & Western Railway Co.

Citations

• 76 Ill. 522

Syllabus

<p>Revocation—of license, for breach of conditions subsequent. Where the owner of land executed an agreement with a railway company, which constituted not only an irrevocable license to enter and occupy a part of the same as a right of way, but obligated the owner, so soon as the road was finally located and built, to convey to the company the right of way of fifty feet on each side of the center of the road, it ivas held, that the failure of the company to perform conditions subsequent contained in the agreement, such as fencing, etc., furnished no ground for the revocation of the license under which the company entered and constructed its road, as complete indemnity in damages were recoverable therefor in an action at law, and therefore the owner could not recover possession of the right of way in ejectment for breach of such conditions.</p>