Semple v. Cleveland & Pittsburg Railroad

Citations

• 172 Pa. 369
• 33 A. 564
• 1896 Pa. LEXIS 785

Syllabus

<p>[Marked to be reported.]</p> <p>Railroads — Contract—Revocation of contract.</p> <p>A railroad company which entered into a contract with a landowner by which, in consideration of a right of way, the company agreed to employ the landowner and pay him a salary as station agent at a station to be built by the landowner on his own land, cannot revoke the contract in part by instituting proceedings to condemn the station lot, and at the same time retain the right of way, which was the main consideration for the contract. The contract is entire and must be performed or rescinded as a whole.</p> <p>The railroad company must in such a ease be required to elect whether it will pay for its right of way and other privileges as it agreed to, or by rescinding the contract and proceeding under the right of eminent domain.</p> <p>Railroads — Eminent domain — Approval of bond — Passing of title.</p> <p>While ordinarily the legal effect of the approval of a bond given by a railroad company in condemnation proceedings is to pass the title to the land or easement to which it relates, this effect does not necessarily follow where the entry of the railroad company is in clear violation of the covenants contained in a written contract with the landowner.</p> <p>Where a railroad company institutes proceedings to condemn land, and such proceedings are in clear violation of a prior contract between the railroad company and the landowner, the landowner has a standing in equity to enjoin the proceedings until the covenants of the contract are performed, or the contract rescinded.</p>