City of Omaha v. Omaha Water Co.
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. The fact's are stated in the opinion. The award is void because not concurred in by' the three appraisers. The election to purchase contemplated the valuation to be ascertained by all three'appraisers. The fact that each party selected an appraiser, and these two the third appraiser, does not give the right by implication or otherwise, to two appraisers alone to make an award, and one so made is void.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. The fact's are stated in the opinion. The award is void because not concurred in by' the three appraisers. The election to purchase contemplated the valuation to be ascertained by all three'appraisers. The fact that each party selected an appraiser, and these two the third appraiser, does not give the right by implication or otherwise, to two appraisers alone to make an award, and one so made is void. Willis v. Higginbotham, 61 Mississippi, 164; Harvin v. Denton, 87 Mississippi, 238 ;• Weaver v. Powel, 148 Pa. St. 372; Lowe v.…
1Opinion of the CourtJustice Lurton
This is a bill seeking the specific performance by the city of Omaha of a contract for the purchase and sale of the system of waterworks owned by the appellee company. The waterworks plant in question was constructed in pursuance of legislative authority and municipal ordinance, which need not be considered, for neither party questions the sufficiency of either. The fourteenth section of the ordinance of 1880, under which the, waterworks were constructed by the predecessor of the appellee, wasj in these words:
“The city of Omaha shall have the right at any time after the expiration of twenty…
2Cases cited8 opinions
- Willcox v. Consolidated Gas Co.Supreme Court of the United States · 1909
- City of Knoxville v. Knoxville Water Co.Supreme Court of the United States · 1909
- Green v. MillerNew York Supreme Court · 1810
- Hobson v. Heirs of McArthurSupreme Court of the United States · 1842
- Gas Co. v. WheelingWest Virginia Supreme Court · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by166 opinions
- Kimball Laundry Co. v. United StatesSupreme Court of the United States · 1949
- McCardle v. Indianapolis Water Co.Supreme Court of the United States · 1926
- Galveston Electric Co. v. City of GalvestonSupreme Court of the United States · 1922
- Plymouth Coal Co. v. PennsylvaniaSupreme Court of the United States · 1914
- Sapp v. BarenfeldCalifornia Supreme Court · 1949
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