Illinois Central Employees Magazine volume 1919 20
Illinois Central Employees Magazine volume 1919 20
Illinois Central Railroad Company
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The court held that the Chancery Court could not decree specific performance of a contract against a railroad because of the interposition of the sovereign governmental power rendered the contract unenforceable and that it would remain unenforceable so long as such interposition is maintained by vis major. The court said, in part: "Their sole grievance is that as a condition of its continued performance they are compelled to pay a haulage price 40 per cent in excess of that con- tracted for, no...t to the defendant company or its agent, as its clearly shown, but to the federal government which has taken over the railroad as such in its physical entirety, is and has been since December 28. 1918, through the Presi- dent and his subordinates acting under authority of federal legislation, in pos- session and control of defendant's entire system of transportation with all its ILLINOIS CENTRAL MAGAZINE 59 property and appliances therefor or relating thereto, and its operating said sys- tem of transportation under direction and control of the President, who is authorized to institute and change rates, fares, charges.
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