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2 cases

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Published

Syllabus

Equity — Contracts—Enforcement of contracts — Remedy at law —Authority of agent — County engineer. In a proceeding in equity against a county to prevent the defendant from trespassing on certain property and for an order directing defendant to restore buildings and equipment, and to ascertain damages, it appeared that the plaintiff had been the owner of certain land which was condemned by the defendant for the approaches of a bridge; that on appeal from the award of viewers th.e defendant had agreed, in consideration of plaintiff’s making no claim for damages to a gas well located on the ground in question, “to permit the gas well to remain as now- located so long as it shall continue to produce gas and to so construct and maintain the bridge approaches thereto that space shall be left necessary for the free use and operation of the said gas well and the construction and operation of machinery and appliances necessary for its maintenance and operation”; and that in the construction of the bridge abutments certain pipe connections and the' boiler and engine house-at the well were necessarily removed and a nearby wall was damaged. There was evidence tending to show that the county engineer personally agreed to replace the boiler and engine house. The court below dismissed the bill on the ground that no duty rested upon defendant under the contract except to leave uncovered the place where the well was located; that it was immaterial whether the county engineer made the further agreement alleged, and that the plaintiff had an adequate remedy at law. Held, no error.