City Water Co. v. City of Sedalia
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon: H. B. Shain, ■ Judge. (1) The judgment upon the counts complained of is for services and water which the city had contracted to receive from the plaintiff, hut the amount of recovery is based upon a rate fixed by the Public Service Commission in excess of the rate fixed by the contract.
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Appeal from Pettis Circuit Court. — Hon: H. B. Shain, ■ Judge. (1) The judgment upon the counts complained of is for services and water which the city had contracted to receive from the plaintiff, hut the amount of recovery is based upon a rate fixed by the Public Service Commission in excess of the rate fixed by the contract. The contract rate was the consideration of the original contract, and when the- rate was abrogated by the Public Service Commission in the exercise of the superior or police power of the State, not only the consideration of the contract but the contract itself was…
1Opinion of the CourtHigbee, P. J.
The petition alleges, in substance, that the plaintiff is a corporation engaged in furnishing water to the City of Sedalia, a city of the third class, and its inhabitants; that on August 6, 1906, said city adopted an ordinance by which it was provided that the Sedalia Water Company, its successors and assigns, should supply water to said city and its inhabitants and, among other things, should install and maintain all necessary machinery, apparatus, reservoirs, basins, water mains, pipe lines, etc., and said city agreed to rent 398 fire hydrants as then located on the pipe system of said…
2Cases cited13 opinions
- New Orleans v. New Orleans Water Works Co.Supreme Court of the United States · 1891
- City of Pawhuska v. Pawhuska Oil & Gas Co.Supreme Court of the United States · 1919
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Salt Lake City v. Utah Light & Traction Co.Utah Supreme Court · 1918
- Woodburn v. Public Service CommissionOregon Supreme Court · 1916
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3Cited by5 opinions
- Allen W. Hinkel Dry Goods Co. v. Wichison Industrial Gas Co.Court of Appeals for the Tenth Circuit · 1933
- State Ex Rel. City of Sedalia v. WeinrichSupreme Court of Missouri · 1922
- State Ex Rel. Missouri Gas & Electric Service Co. v. TrimbleSupreme Court of Missouri · 1925
- State Ex Rel. Kansas City Public Service Co. v. LatshawSupreme Court of Missouri · 1930
- Authorizing Issuance of Funding Bonds Ex Rel. Consolidated School District No. 4 v. DaySupreme Court of Missouri · 1931