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Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois Volume 241

Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois Volume 241


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About the Book

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...it could not influence the ultimate result of this litigation. There are no reasons urged against the validity of the pole lease which have not been considered in connection with the other contracts, except that appellant contends that the pole lease gave the lessee the control of the tow-path of the canal for a distance of twenty-five miles. This is a misapprehension. The poles are to be placed on the berm side of the canal, which is the opposite side from the tow-path, except "where, in the judgment of said superintendent or olficer, the topography of the ground makes it necessary or expedient to have said poles upon the tow-path bank of said canal, the authority is hereby given to said party of the second part to cross said canal and place poles along the said tow-path bank, the necessity or expediency thereof, the place and manner of crossing and placing said poles along said tow-path bank to be subject to the approval and under the direction and supervision of said superintendent or officer. It is distinctly understood, however, that the aforesaid line of poles shall not, in any event, be located or maintained in such place or manner as to interfere with the use or operation of said canal." As thus carefully guarded we are unable to see how it will interfere with the use of the canal or the tow-path. Unless it does so interfere, we see no reason why the contract should be declared void. C onclusion.--It is seldom a case is presented to a court involving so many questions, both of law and fact, as are presented by this record. We have given the questions involved that careful consideration which their importance seems to demand. In view of the wide range covered by the evidence and the able and exhaustive arguments of...


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Product Details
  • ISBN-13: 9781130383706
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 232
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1130383709
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 422 gr


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