Reports of Cases Argued And Determined in the Supreme Court of ..., volume 36
Reports of Cases Argued And Determined in the Supreme Court of ..., volume 36
Alabama Supreme Court
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The charter of the company (Acts 1843-4, p. 170) imposed no obligation on it to complete all or any part of the road within any given time. But, by the act of 1864, the legislature pro- posed to the company, that if it would grade one-fifth of the road within two year$ from the date of that act, and give bond to complete the entire road in ten years, it should receive on certain specified terms ^60,000 of the three per' cent, fund, and that on the completion ot each eucceeding fifth part of the... road, and the giving of a li^e bond, it should receive the samean^ouut.* The company accepted this proposition of the legislature, and, in pur- suance of it, graded the first fifth part of the road within the time stipulated; has since then graded other portions of the road, and, having .given bond and security as re- quired for the completion of the entire road in ten years^ has received from the State two payments, of $60^000 each, out of the fund designated by the act. Here are all the elements of a valid and binding contract — the con- currence of intention between two parties compjBtent to contract, one of whom promises something to the other, in consideration of something agreed to be done by the latter.
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