Page:United States Reports, Volume 209.djvu/264

 238 OCTOBER TERM, 1907. Opinion of the Court.  U.S. acres of coal land in Kentucky. The letter said: "We have arranged with R. R. Companies to build a branch into it and develop the lands," and the circulars also stated that the owners had an understanding with the railroads near the hnd, by which they were to build a branch into the land as soon as the owners were ready to open up mines, etc., with more of the same sort. On April 30 the parties met and the plaintiff, Milliken, told the defendant, Dotson, that he knew the land, and, as was the truth, that the important thing was about the railroad, whether there was any way to get the property to market. Dotson replied that he had an arrangement with Spencer, President of the Southern Railway, to build a road in there at once, that at that time they had their surveyors in there and were locating a linc of road, etc. Thcreupun it was arranged that Dotson would give $2.50 an acre for every acre Milliken could sell at $20, and that Milliken was to go to work for a purchaser, which Milliken accordingly did. After a letter on May 2, giving an account of a first interview and an answer dwelling on the great increase of value that would come from the building of railroads at once through the prop- erty, Milliken wrote on May 7, saying that he was u'iting to the two roads to know if they would "build the road in there, as soon as we are ready to begin the development of the prop- erty," and that the prospective purchasers "want to know positively about the railroad being built in there, if they go into it." The plaintiff seems to have written as his letter stated, but he testified that an assurance from Doton would have been satisfactory and was satisfactory when it came. On May 8, to meet the purchasers' doubts, he telegraphed to Dot- son: "See Spencer and writs me to-night how much develop- ment he will require before building road into property," etc. On the same day Dotson replied: "I have already discussed fully with Mr. Spencer the point . . and am glad to say that Mr. Spencer is willing to build the road into the prop- erty without placing any requirement on the property holders

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