Sentney v. Hutchinson Interurban Railway Co.

Citations

• 90 Kan. 610
• 135 P. 678
• 1913 Kan. LEXIS 274

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Stock in Railroad — Signed by One Party Only— When Binding. A valid contract in writing signed by one of the parties only but fully recognized and acted upon by both parties is binding.</p> <p>2. Evidence — Conclusions of Witness — Received without Objections — No Prejudicial Error. Findings of fact supported by testimony of witnesses, who without objection give their conclusions as to the nature and effect of conversations and discussions instead of the language used in such conversations and discussions, will not for that reason be set aside.</p> <p>3. Street Railway — Extension—Agreement of Landowner — Default — Removal of Tracks — Injunction. Landowners who by purchase of stock procured the extension of a street railway and an agreement to operate the same over their lands for five years in consideration of their platting and placing such lands on the market can not, after failing so to do for four years, maintain injunction to prevent the removal of such extension, the company being solvent and the trial court having determined that the damages, if any, could be recovered in an action at law.</p>