The times. [volume] (Richmond, Va.) 1890-1903, 1899-01-17
No Negotiations Have Been Begun
for Use of R. F. Up. Tracks.
NO PLANS FOR AN EXTENSION
To Washingfon-No Negotiations for a
Traffic Arrangement - Mr.. Ryan
viii Appeal from the Decision
ofthe Court-Mr. Williams
Declines to Make
Statement

BALTIMORE, Jan. 16.-Judgos Wickes
and stockbridge, in the Circuit Court to-
day decided against Mr. Thomas +. Ryan
in his suit to enforce an alleged contract
for the sale to him of between 1900 and
100 shares of Seaboard and Roanoke
railroad stock at sl25 a share.
The court ordered that the demurrer TO
the bill Of complaint be sustained, the
Injunction heretofore granted be dissoi'ed
and the complaint be dismissed with costs
to the plaintiff.
Following is the full text of the opin-
ion Of the court:
THE OPINION.
"rhe court is Of opinion that the de-
murrer to the bill OF complaint filci I'm
this case should be sustained and the
bill dismissed.
First. Because the alleged contract
is so uncertain and indefinite in its terms
as to be open to various constructions
and therefore cannot be enforced on ac,
count of equity A doubtful contract
resolve against It.
the bill and exhibits IN this case that
the defandants. Mclane and others.
committed were acting I'm that capacity
by virtue OF pooling arrangements set
out I'm exhibit 'B and referred To I'm the
bill and that their powers were limited
by its terms. which must have been
known 10 the plaintiff at the time the
alleged contract was signed. That know
ing as he did that the pooling agreement
bound the parties 10 II not 10 sell unless
with the contest of three-fourths OF the
entire number OF shares OF stock so pooled
and Il being advised in the bin that said
stock was not re-depOsited under the pro-
visions of contract OF October 8, 1886, Il
would be inequitable and unjust 10 c0ni-
pei the defendant McLane. and those as
sOciated with him. even II the court has
jurisdiction Of his said associates TO
transfer any OF said stock or deliver any
OF the certificates representing the same
to the plaintiff. Undertaking these
views the court deems it unnecessary 70
decide the remaining questions relating
to jurisdiction, laches and the Legality.
vel non, Of the contract. presented i'm the
argument for its consideration"
WILL APPEAL.
Mr.. Bernard Carter, as counsel for Mr.
Ryan announced that an appeal would
be taken.
The syndicate headed by Mr.. John
Skelton Williams, OF Richmond, Va, pre-
sldent OF the Georgia and Alabama rail-
road. offered 500 a share for the $500
shares pooled with Messrs. Louis Nc
Lane. Of Baltimore. and Leigh r. Watts.
Of Portsmouth, Va. The proposition was
made 10 President Hoffman, OF the Sea-
fp-f i'm ~.
acceptance and the owners OF practi-
cally all the shares pooled Zcepted the
offer.
1t IS understood that the deal will be
closed Immediately.
Mr.. Williams was seen after the deci-
sion was handed down, but asked 10 be
excused from making a statement Mr..
Williams said. with reference 10 the
right OF the Seaboard TO use. the tracks
OF the Richmond. Fredericksburg and
Potomac. that it was without founda-
tion as far as he knew and no negOtia-
tons with reference to the use of the
latter's tracks beyond Richmond had
ever been undertaken.
He added the Seaboard IS n complete
system as II stands at present from Nor
folk and Portsmouth 10 Atlanta, and II
It should ever be that the extension from
to Petersburg IS completed it
would add value 10 the system.
1--WE have no plans on foot for the ex-
tension OF the line 70 Washington" he |
said ''where. reports say, connections |
are to be made with the Baltimore and |
Ohio. The Seaboard system does not |
make a physical connection with the |
Florida Central and Peninsular Railroad |
md no negotiations for traffic arrange |
ment are IN progress