City of Providence v. Providence Electric Light Co.
Court of Appeals of Kentucky
CASE 26. — ACTION BY THE PROVIDENCE ELECTRIC LIGHT CO. AGAINST THE CITY OF PROVIDENCE TO RECOVER ON CONTRACT. — March 6. Appeal from Webster Circuit Court. J. W. HbNsoN, Circuit Judge. Judgment for plaintiff. Defendant appeals. SYNOPSIS. 1. The demurrer to the petition ought to have been sustained. It does not state a cause of action. (Section 3640, 3641 Ky.
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CASE 26. — ACTION BY THE PROVIDENCE ELECTRIC LIGHT CO. AGAINST THE CITY OF PROVIDENCE TO RECOVER ON CONTRACT. — March 6. Appeal from Webster Circuit Court. J. W. HbNsoN, Circuit Judge. Judgment for plaintiff. Defendant appeals. SYNOPSIS. 1. The demurrer to the petition ought to have been sustained. It does not state a cause of action. (Section 3640, 3641 Ky. Stat.; Dillon on Municipal Corp., Section 937, and also Ency. of Pleading and Practice, vol. 14 Municipalities, page 235, 260.) 2. The judgment was for $529.35, or about $106 per month, when the petition showed only $75.00 per month and…
1Opinion of the Court
OPINION by
John D. Carroll, Commissioner.
Affirming.
On February 3, 1903, tlie appellee entered into a contract with, the appellant to furnish it 50 or more lights at an annual rental of $18 per annum per light, the lights to he placed in operative condition within 90 days thereafter, and payments to he made monthly, beginning with the acceptance of the lights. The contract further provided that “the period of this contract shall be from date of acceptance of said lights until January 1, 1904, and if the party of the second part fails to contract with the party of the first *240part for the use of…
2Cited by29 opinions
- City of Princeton v. Princeton Electric Light & Power Co.Court of Appeals of Kentucky · 1915
- Overall v. City of MadisonvilleCourt of Appeals of Kentucky · 1907
- Payne v. City of CovingtonCourt of Appeals of Kentucky (pre-1976) · 1938
- City of Louisville v. ParsonsCourt of Appeals of Kentucky · 1912
- Vaughn v. City of CorbinCourt of Appeals of Kentucky (pre-1976) · 1927
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