Railway Company v. United States
95 U.S. 279 (1877)

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U.S. Supreme Court

Railway Company v. United States, 95 U.S. 279 (1877)

Railway Company v. United States

95 U.S. 279

Syllabus

1. The Court, in construing the contract between the parties to this suit, holds that the company is not bound to deliver the stipulated new bonds until all the construction bonds which are still outstanding shall be surrendered to it or due proof made of the loss of such as cannot be produced, and adequate security offered to indemnify the company against liability to any adverse claimant.

2. The parties in interest will then be entitled to a performance of the contract by the company notwithstanding a decree by consent and in part performance of the contract has been rendered by the district court of the First Judicial District of the State of Kansas, sitting within and for the County of Leavenworth, directing a cancellation of the construction bonds and a discharge of the mortgage securing them.

3. The Court calls attention to the irrelevant matter and useless repetitions with which the record in this case is encumbered, and while reversing the decree below, adjudges that the parties pay their respective costs in this court, and refers to Rule 52 in admiralty as containing suggestions which may serve as an appropriate guide in making up the record in a case at law or in equity.

Page 95 U. S. 280

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