Perkins v. Alfred Weston & Co.

Citations

• 87 Kan. 557
• 125 P. 83
• 1912 Kan. LEXIS 195

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>City Ordinance — Vacation of Street — Acquiescence—Estoppel. Where two parties have in succession secured from a city the benefits of ordinances vacating parts of the same street, upon the same terms, and each has erected a warehouse upon his own lot extending upon ground within the limits of the vacated street, and they have entered into a contract with each other respecting a right of way for one of the parties over the property of the other, in lieu of rights formerly enjoyed in the street, the remedy of one of the parties for an obstruction of the way so granted is an enforcement of the contract, and not an annulment of the ordinance vacating that part of the street.</p>