Western Union Telegraph Co. v. Chicago & Paducah Railroad

Citations

• 86 Ill. 246

Syllabus

<p>1. Contract — binding by acceptance without signing. Where a contract between a railway company and a telegraph company, in respect to furnishing and operating a telegraph along the railroad, was reduced to writing and signed by the telegraph company, and a copy thereof sent to the railway company, which, by letter of its agent, was accepted, except as to one matter which was. acceded to by the former company, and under this arrangement the telegraph company made large expenditures, and each of the companies, for a long time, acted upon the terms of the contract, it was held, that, by the acts of acquiescence, adoption, and recognition by the railway company of the terms of the. contract, it was binding on the latter, although such company did not formally execute the same.</p> <p>2. Same — exclusive right, whether against public policy. A contract between a railway company and a telegraph company, whereby each was to contribute, in certain respects, in establishing a telegraphic line along the railroad, and the telegraph company was to operate the same, when completed, on certain terms, and in which the railway company agreed to give the telegraph company the exclusive right of way for telegraphic purposes, so far as it legally might, and to discourage competition, was held, not to be contrary to public policy as creating a monopoly in giving the exclusive right of way and discouraging competition, so far as it went to the exclusion of competitors from the line of poles occupied by the telegraph company, and that under such contract, if the railway company authorized any other telegraph company to put up another line of %vire upon the same poles, a court of equity would enjoin the placing and maintaining of a wire upon such poles.</p> <p>3. Statute oe ekauds-—what a sufficient signing. A contract between a. railway company and a telegraph company, to continue for twenty-five years, was signed by the telegraph company, and the agent of the railway company wrote a