South Memphis Land Co. v. McLean Hardwood Lumber Co.

Citations

• 179 F. 417
• 102 C.C.A. 563
• 1910 U.S. App. LEXIS 4657

Syllabus

<p>1. Contracts (§ 280*) — Construction—Contract to Provide Railroad Connections to Manufacturing Plant.</p> <p>Plaintiff purchased from defendant land company a site for a large lumber manufacturing plant, but took a contract from defendant, stating that its covenants and undertakings were a part of the consideration for the payment of the purchase price of the site, which recited that “in order to operate said plant certain railroad and transportation facilities * * * are necessary and are guaranteed by the party of the first part (defendant).” Defendant further bound itself, inter alia, that “the Union Railway Company will by * * * erect a spur track from its line on Railroad avenue to the sawmill.” The railway company had no line on Railroad avenue, hut one was contemplated. Held, that the obvious purpose of such provisions was to secure to plaintiff a track connection with the linos of the Union Railway Company, which was a belt line company, and that defendant’s guaranty was not conditioned on the building of a line by the railway company on Railroad avenue, nor was it fulfilled by the building of a track from the mill to such avenue without any connection with the lines of the railway company.</p> <p>[Ed. Note. — POr other eases, see Contracts, Dec. Dig. § 280.*]</p> <p>2. Contracts (§ 303*) — Actions for Breach — Defenses—Vis Major.</p> <p>That a court had granted a temporary injunction restraining the Union Railway Company from crossing the tracks of another company at grade, which injunction had remained in force for three years without a trial of the case, and because of which the line on Railroad avenue had not been built, did not constitute such vis major as to relieve defendant from liability for nonperformance of its contract; it not appearing that it was impossible to build the line without making such grade crossing.</p> <p>[Ed. Note. — For other cases, see Contracts, Dec. Dig. § 303.*]</p> <p>3. Damages (§ 120*) — Measure foe Breach of Contract — E