City of Peoria v. Peoria Water Co.

This is an appeal from an order entered by the Circuit Court of Peoria County dismissing the complaint of the plaintiff, the city of Peoria. The complaint sought specific performance of a contract between the plaintiff and the defendant, Peoria Water Company.

In 1889, the plaintiff and the defendant’s predecessor entered into a franchise agreement whereby the defendant’s predecessor agreed to furnish water to the plaintiff for its citizens and for fire protection then, and in the future, in consideration for receiving from the plaintiff existing water treatment facilities and water mains. The…