City of Kansas v. Industrial Gas Co.

The opinion of the court was delivered by

Harvey, J.:

This is an action on a bond given to secure the performance of obligations in an ordinance granting a natural-gas franchise. The trial court sustained plaintiff’s motion for judgment-on the pleadings. Defendants have appealed.

Plaintiff alleged its incorporation and that of defendants; that on November 8,1927, plaintiff passed a certain ordinance, which was approved .by the mayor and duly published, and which was submitted to and adopted by the electors of the city at a special election called for that purpose and held April 17, 1928; that…