Page:Federal Reporter, 1st Series, Volume 4.djvu/299

 T7. U. TSLEOBAFH 00. V. E. F. BT. 00. 28 @ �3. Same— Same-^Samb — Obtiçbeb^Rescission — Such contract also pro- �vided for the transmission without charge, by the telegraph company, of the fa/mûy, private, and social messages of the «cecutiveoffieers of the raih-oad. Edd that, aesuch free use of the telegraph waa not iim- ited to the offlcers who made the contract, it could be rescinded af ter the expiration of 13 years. �4. Samb — Samb — Same — RescissioS — Appeopriatioiî. — Held, further, �however, that such rescission would not authorize either party to appropriate to its own use the joint property of both, acquired under the contract, without paying for the same. �-, for plaintiff. �, for defendants. ���Hallett, D. J. On the first day of October, A. D. 1876, the Union Pacific Eailway Company, eastern division, after- wards known as the Kansas Pacific Eailway Company, en- tered into a contract with the Western Union Telegraph Company relating to the construction and use of a Une of telegraph on and along the rosd of the first-named company. This contract was to continue 25 years. The railway com- pany agreed to pay to the telegraph company the cost of pôles, wire, and insulators which bad been erected on the line of the road between Wyandette and Fort Eiley, Kansas, and thereafter to fumish material for extending the line as the road should be built westward. The railway company ■was to furnish the materials and-transportation for the line, and the telegraph company was to construct it and keep it in repair. The telegraph company wa.s also to furnish main batteries for operating the line; and, until a second wire ehould be extended, both companies were to use the first in common. After another wiçe ehould be put up by the tele- graph company, the first was to remain for the exclusive use of the railway company, and thereafter either company could have wires for its own use, as its bu&ines» should require, by paying the cost thereof. With this arrangement as to build- ing, maintaining, and operating the line, the railway com- pany was to have free use thereof for its o'wn business, and the telegraph company to use and operate it for business in general, from which a profit might be derived. Each party fulfilled the contract until the line was built te ÎX^rv^vj-j and ����