Stevens v. Ambler

Citations

• 39 Fla. 575

Syllabus

<p>Under an agreement reading, “we * * * hereby agree to and with A. to pay him or his assigns five thousand dollars, when said A, shall extend his railroad southerly to section 35, town. 14, range 19, provided said railroad is so extended and in operation by October 1, 1891; and in case we sell our property at the price already named to parties contemplating buying (viz: fifty dollars per acre) then, in that event, we hereby -to pay said A. ten thousand dollars instead of five thousand dollars as above. (Signed) S. G. & Go.,” the extension of the railroad southerly to said section 35 is a condition precedent to the makers’ liability for any amount thereunder, notwithstanding the makers sell their property to the parties, and at the price contemplated by such agreement. Such con•dition precedent is not performed by extending the railroad ■southerly beyond, but five hundred feet away from said section 35.</p>