Pine Bluff Water Co. v. Sewer District
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. The water was not furnished to the city, but to the sewer commissioners. The sewers had not been turned over to the city. The commissioners could not claim the benefit of a contract to which they were not parties. 1 Whart. Cont. sec. 507 ; 2 id. sec. 784. Appellant agreed with the city to furnish water for flushing sewers, and has received pay for that service in the rent charged for fire hydrants.
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Appeal from Jefferson Circuit Court. The water was not furnished to the city, but to the sewer commissioners. The sewers had not been turned over to the city. The commissioners could not claim the benefit of a contract to which they were not parties. 1 Whart. Cont. sec. 507 ; 2 id. sec. 784. Appellant agreed with the city to furnish water for flushing sewers, and has received pay for that service in the rent charged for fire hydrants. It does not matter whether the water was furnished by flush tanks or through hose and a fire nozzle, so long as no additional burden was imposed. Am. & Eng.…
1Opinion of the CourtBattle, J.
This was an action instituted by the Pine Bluff Water & Eight Company against Sewer District No. 1, in the City of Pine Bluff, and the commissioners of the district, to recover the sum of $900 for water furnished the district for flushing sewers. The district sued was organized about the month of November, 1888, for the purpose of constructing sewers. Its object and the authority of its board of improvement, or commissioners, were limited to the construction of sewers and paying for the same. The board had no authority to enter into any contract, except such as were in the scope of said…
2Cases cited1 opinion
- Martin v. HilbSupreme Court of Arkansas · 1890
3Cited by7 opinions
- Jones v. Sewer Improvement District No. 3Supreme Court of Arkansas · 1915
- City of El Dorado v. ScruggsSupreme Court of Arkansas · 1914
- Kraft v. SmothersSupreme Court of Arkansas · 1912
- Sewer Imp. Dist. 1 of Sheridan v. Jones, Admx.Supreme Court of Arkansas · 1939
- Pulaski Gas Light Co. v. RemmelSupreme Court of Arkansas · 1911
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