Henry Billings Brown

“ It then alleged the failure and neglect to employ petitioner to do its ferriage, and that it 'totally ignored and repudiated said contract, and denied any and all obligations to carry out any of the covenants,' etc., and averred a loss of profits thereby in the sum of $150,000. We have shown that the inference it draws from all this, namely, that it is entitled to have a just and reasonable compensation for the use and occupation of said premises, is untenable, but it does not necessarily follow that it is wholly remediless. ”

“ The supreme court (94 Ill. 83) affirmed the judgment of the court below sustaining the demurrer to said declaration, upon the ground that the covenant that the railroad company would always employ the ferry company to transport for it all persons and property across the Mississippi river was not a covenant running with the land. The opinion states that 'the suit is against one corporation averred to be the assignee of another, upon a covenant made by the alleged assignor. ”

“ Ch. 273, where possession had been taken of land, and improvements made, under an imperfect agreement for purchase, though the court would not grant relief upon the ground of part performance, yet the bill was maintained for the purpose of affording the party reasonable compensation for beneficial and lasting improvements. ”

“ A demurrer was interposed to this declaration and sustained, and final judgment entered in favor of defendant, an appeal taken to the supreme court, and the case affirmed. 72 Ill. 360. In delivering its opinion, the supreme court held that the contract was confined in its operation to the territorial limits of Bloody island, and that there was nothing in such contract, unless it arose by implication, that prevented the railway company from extending its tracks to Venice, or any other point, however distant, and crossing passengers and freight there for St. ”