Scheller v. Tacoma Railway & Power Co.

Citations

• 108 Wash. 348
• 184 P. 344
• 7 A.L.R. 810
• 1919 Wash. LEXIS 890

Syllabus

<p>Covenants (11) —Railboads (18) —Grant of Right of Wat — Conditions—Forfeiture. To avoid a forfeiture for condition subsequent, the courts are inclined to regard a grant of land to a railroad in consideration of an agreement to operate the road and maintain a station, as creating a covenant running with the land, and not a condition subsequent, and consequently privies and successors in interest could maintain an action for damages on breach of the contract.</p> <p>Railroads (18)—-Covenants and Conditions—Substantial Performance. The covenants in a grant of land to a railroad whereby the company agreed to operate the road and maintain a station are substantially performed by compliance with the contract for a period of twenty-five years; and abandonment of the road thereafter does not give rise to an action for damages for breach of the covenant.</p>