This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
A reasonable notice of the exercise of such option must be given when the absence thereof will inflict injury upon the adversary party which the parties to the original contract did not contemplate, and can not be understood to have intended. Thus before exercise of a right to terminate a contract of indefinite duration for one railway's using a freight depot and the tracks of another railway company,1 or for the management of a road jointly constructed by the two railway companies,2 reasonable notice must be given. If the parties to a contract for the management of a road jointly owned by both railroad companies, can not agree upon regulations for the operation of such road, the court may make temporary orders to enable both parties to use the road, pending final judgment in a suit for specific performance and injunction.3 The notice by which it is sought to exercise such option must show in clear and unequivocal language that the party who gives such notice intends not to he bound by such contract after the time specified therein.4
6 Western Union Telegraph Co. v. Pennsylvania Co., 12!) Fed. 849, 68 L. R. A. 90S.
7 Franklin Telegraph Co. v. Harrison, 145 U. S. 459, 36 L. ed. 776.
8 Globe Ins. Co. v. Wayne, 75 O. S. 461, 80 N. E. 13.
9 Globe Ins. Co. v. Wayne, 75 O. S. 451, 80 N. E. 13.
1 Chattanooga, etc., Ry. v. Ry., 44 Fed. 456.
2 Philadelphia, etc., Ry. v. River Front R. R. Co., 168 Pa. St. 357, 31 Atl. 1098.
3 Philadelphia, etc., Ry. v. River Front R. R. Co., 168 Pa. St. 357, 31 Atl. 1098