Page:Federal Reporter, 1st Series, Volume 3.djvu/437

iSO VKDEBAL BBPOBTBB. �demurrer, there will be a deoree oontinuîng the injunction in force unta final decree settling the respective rights of the parties can be had. State of Georgia v. Bruelesford, 2 Dali. i06, 408. ���Thb Westeen Union Tblegraph Companï v. The St. Joseph & Western Eailwat Company and otberg. �{OirMit Oourt, D. Kanta». July 81, 1880.) �1. iLLEGAii CoNTRACT — Remedy — INJONCTION. — A court of equlty will �enjoin the seizure of property and the ejectment of the possessor, although the same may have been acquired under an illegal contract, until an application bas been made for the cancellation of auch con- tract, and a fuU and falr settlement of ail accounts growing out of itg execution in the past. �2. CoRpoBATioN— Ratification. — A corporation, Uke an individual, may �ratify by its acts the terms of a contract by which it would not, with- out guch ratiflcatioa, be bound. �8. CtoNTBACT— Spkcipic Perfcbmanoe—Injunction.— Although specifie performance of a contract requiring the performance of continuons duties will not be enforced, a court of equlty will, nevertheless, en- join its violation. �In Equity. Demurrer to Bill. �Woodson e Crosby, W. C. Wehb, Peck, Ryan <e Johnson, Karnes e Eas, Williams e Thompson and C. Beckwith, for com- plainant. �John Doniphan and Everest d Waggener for defendants. �McCbaey, c. J. This case bas been argued and submit- ted upon demurrer to the bill. The material facts, as they are stated in the bill, are as follows. �1. On the tenth day of August, 1871, the Western Union Telegraph Company, and the St._ Joseph & Denver City Eailroad Company, entered into a written contract, whereby, upon certain terms and conditions, a line of telegraph was to be constructed, maintained, and operated along the line of said railroad. Each company was to contribute, as specified in the contract, certain material arid service in the construc- tion, maintenance, and operation of the line. ����