City of St. Louis v. Laclede Gas Light Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. John M. Wood, Judge. (1) There is no covenant from which an obligation on defendant’s part to pay into the city treasury five per cent of its gross receipts from private lighting, can be inferred, (a) The requirement that the “operations” of the contractor shall be in accordance with and subject to all existing and future ordinances of the city does not even suggest an obligation to pay five per cent of his gross receipts,…
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Appeal from St. Louis City Circuit Court. — Hon. John M. Wood, Judge. (1) There is no covenant from which an obligation on defendant’s part to pay into the city treasury five per cent of its gross receipts from private lighting, can be inferred, (a) The requirement that the “operations” of the contractor shall be in accordance with and subject to all existing and future ordinances of the city does not even suggest an obligation to pay five per cent of his gross receipts, much less does it necessarily imply such obligation. Indianapolis v. Gas Co., 27 L. R. 517. (b) The agreement of the city…
1Opinion of the CourtBurgess, J.
This is an action by plaintiff against the defendant as assignee of a contract entered into by plaintiff and one Charles A. Brown on the 13th day of March, 1889, in regard to electric lighting certain'parts of said city to recover the sum of $6,530.04, being five per-cent of the gross receipts on $130,600.99, received by defendant under said contract between the first day of January, 1890, and the 30th day of December, 1894, for electric light and power sold by it to private parties and corporations, and which plaintiff claims, is due to it by defendant under the terms of said contract and…
2Cases cited11 opinions
- Topliff v. TopliffSupreme Court of the United States · 1887
- St. Louis Gaslight Co. v. City of St. LouisSupreme Court of Missouri · 1870
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Briggs v. MunchonSupreme Court of Missouri · 1874
- Sedalia Brewing Co. v. Sedalia Water Works Co.Missouri Court of Appeals · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Leggett v. Missouri State Life Insurance CompanySupreme Court of Missouri · 1960
- Ray County Savings Bank v. HuttonSupreme Court of Missouri · 1909
- Long v. NuteMissouri Court of Appeals · 1907
- Sulzbacher v. Travelers Ins. Co.Court of Appeals for the Eighth Circuit · 1943
- Hughes v. EwingSupreme Court of Missouri · 1901
19 more not listed; retrieve them via the Exa API.