Paris & Danville Railroad v. Henderson & Henderson

Citations

• 89 Ill. 86

Syllabus

<p>• 1. Contract—condition construed—building and, equipment of road. A written agreement to pay money, if a certain railroad shall be built, and equipped, and running from one point to another, before a certain day, requires a finished road adapted to and capable of being used for the purpose of its construction, and not one incomplete and unfit for use, and such road can not be said to be equipped until it has the necessary engines, cars and other appliances for its ordinary use, as such roads usually have, and the passage of a single train over the road is nota running, within the meaning of the contract, where the road is in an unfinished state.</p> <p>2. Where a written promise was made to pay a railway company $100 if its road was built and equipped, and trains running to a given point by a day named, but if not completed on such line within such time, the obligation to be void,' and the proof- showed that the company ran an engine, tender, one passenger coach and one or two flat cars over the line two days before the time limited, but places on the road were only half tied, and regular trains were not run over the same until several months after the time, it was held, that no recovery could be had on the obligation.</p> <p>3. Error—that works no injury. The admission of evidence denying the execution of a note by one partner, or that it was not given in the usual course of business of the firm, which is afterwards excluded by an instruction, even if erroneously admitted, can work no injury, and is not ground of reversal. Neither is the admission of evidence which could, in nowise, have influenced the finding of the jury.</p>