. The Montreal law reports [microform]. Law reports, digests, etc; Law; Jurisprudence; Droit. .40 \ â ^^ 868 â I . I MONTBEAIi Li^W REPORTS. /- MM. pairs, with the stipulatio^ that aTlhe expiration ofthp «i. term for which it was ntaop the appmlants |i^pald return. Montreal Tel. Co. irion, 0. J. iH-: «,1 â¢I: 'â s.! * ⢠miss -**â¢' m'-'- â â â â â¢*""«* «*â¢- »*â¢Â«â¢* «â¢Â«â¢( ii. to the respondenta the whole property and lights, being tte iut>ject of the agreement, with any improvements or» .addition which may have been made thereto without in- demnity. Thet»M8 n
. The Montreal law reports [microform]. Law reports, digests, etc; Law; Jurisprudence; Droit. .40 \ â ^^ 868 â I . I MONTBEAIi Li^W REPORTS. /- MM. pairs, with the stipulatio^ that aTlhe expiration ofthp «i. term for which it was ntaop the appmlants |i^pald return. Montreal Tel. Co. irion, 0. J. iH-: «,1 â¢I: 'â s.! * ⢠miss -**â¢' m'-'- â â â â â¢*""«* «*â¢- »*â¢Â«â¢* «â¢Â«â¢( ii. to the respondenta the whole property and lights, being tte iut>ject of the agreement, with any improvements or» .addition which may have been made thereto without in- demnity. Thet»M8 no warranty stipulated in the agyei- ment, but on the contrary it is expressly covenanted that the appellant8^a88ura(!d^,all;i^J|ks of any deHciency in their earnings, and agreed to make no plaim upon the respon- dents for r>;muneration upon any g^rosuds whatsoever, do- claring that the true intent and/t^ningi of the rfpee- ment was tliat the respondents should during the conti- nuance of the agreement/receive quarterly the sum of $41,250, whether the ew^ifigs of the said lines and pro- perty should atnount to that sum, or to more, or less. This agreement was entered into after the Canadian Pacific Railway Company had obtained by a public statute parsed by the Dominion Parliament, the authority .to establish telegraph lines for the transmiHsion of mes- sages for the public. It was with a full knowledge of such legislation that the appellants in thejr agi-eement with the respondents have assumed all risks of diminished income in the w(4|iing of the telegraph lines of the res- pondents. The appellants have not shown that at the " tiine^of the agreement of the 17th of August, 1^81, thet^ were any defects in the titles of the respondents or iff the \ agreements withthe several railway companies referred to in said agreement, nor that they have not b^en put in possession of all the property- and fights constituting the whole of/the
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