Melville Fuller

“ Whether a corporation created for the purpose of dealing in lands, and to which the powers to purchase, to subdivide, and to sell, and to make any contract essential to the transaction of its business, are expressly granted, possesses, as fairly incidental, the power to incur liability in respect of securing better facilities for transit to and from the lots or lands which it is its business to acquire and dispose of? ”

“ The general rule is that corporations have only such powers as are granted, and the powers incidental thereto; and, in arriving at a conclusion as to the powers of this corporation, the applicable provisions of the title under which it was organized must be considered,-legislation which will be found to be in harmony with the common law. ”

“ This case having been tried by the court under the statute, we can only inquire whether the facts found in the special findings, considered in connection with the pleadings, are sufficient to sustain the judgment, and whether any error was committed upon rulings on matters of law properly preserved by bill of exceptions. Two bills of exception were taken, but they simply present the same questions as the special findings of fact and the conclusions of law deduced therefrom. ”