Certificate Authority sample

Procedural Posture

Plaintiff property owner challenged the decision of the Superior Court of Alameda County (California), which granted defendant railroad's demurrer to the owner's complaint, which sought specific performance of a contract.

Overview: certificate of authority sample

The railroad's predecessor entered into a contract with the owner, whereby the owner granted the railroad's predecessor a right of way over the owner's land. According to the contract between the railroad's predecessor and the owner, the railroad's predecessor agreed to establish and maintain a permanent station to deliver and take passengers and freight at each passing train in a certain area. The railroad's predecessor laid down its tracks on the right of way, but it never maintained the station as was required in the contract with the owner. Thereafter, the railroad purchased the right of way from the predecessor. At the time that the railroad purchased the right of way, it was aware of the contract with the owner. However, the railroad never established the station that was contemplated in the contract with the owner. The owner then filed suit for specific performance of the contract. After the trial court entered judgment in favor of the railroad, the owner appealed. The court affirmed, holding that the owner was not entitled to a judgment ordering the railroad to establish a station in a certain area because the owner failed to show that he had no adequate remedy at law.

Outcome

The court affirmed the trial court's decision.