Page:United States Reports, Volume 209.djvu/266

 240 OCTOBER TERM, 1907. Opinion of tim Court. 209 U, S. boro." He added that Easter, one of the purchasers, asked if he could go and have a talk with Spencer on the subject, with Dotson, and that Milliken answered yes. On June 12 Dotson answered that as Mr. Spencer's plans were fixed, Spencer would not hesitate to say to Mr. Easter that they would build the road into that section at once, and urged prompt action. In another letter, of July 8,' he said: "After we completed arrangements with the R. R. Company for the development of the property, we advanced price to $20 per acre." On July 24 an option on per acre for sixty days, was given to Easter in consideration of his forthwith sending an engineer to examine and report on the same, and on August 25 Milliken wrote to Dotson that Easter's party had decided to take the 10,000 acres on condition that Mr. Spencer would assure them as to the building of the rail- road to Harlan court house, that they had written to Spencer, and if his answer confirmed Dotsoh's representations they would close the purchase. If it did not, they did not want the land at an/ price. 'There vas an interview, it seems, on September 5, at which Easter asked Dotson to get a letter from Spencer, but Dotson said that Easter was the proper party, and that they would have to offer some inducemts to get such an assurance, but he thought that if Easter would let Spencer know what he was willing to do, Spencer would not object. Thereupon there was some correspondence, it turned out that the Railroad company would not 'build, and the transaction fell through. The foregoing letters show that the plaintiff wasamployed and went to work. He spent a good deal of tim%me. money in his efforts, as the defendant knew. There ?;hed to ?nable doubt as to the rate at which'he was to be huch deve e sub- stantial question is what he had to do to end'property,,, ,to his compensation. The bargain made may havalread v discuss;lent and may have been different from that. and m glad -lant would have made if he had taken all tl road into the ro rot' But the general question is what the a the property hod in

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