Raton Waterworks Co. v. Town of Raton
New Mexico Supreme Court
Appeal, from .a decree for complainant, from the Fourth Judicial District Court, Colfax County. The facts are stated in the opinion of the court. The power of the court to hold a contract of the character of the contract in question, void as to any excess over the limit fixed by law seems recognized by a number of authorities. Dunn v. Great Falls, 31 Pac. Rep. 1017; Culbertson v. Fulton, 127 111. 30; Comp.
Read the full summary
Appeal, from .a decree for complainant, from the Fourth Judicial District Court, Colfax County. The facts are stated in the opinion of the court. The power of the court to hold a contract of the character of the contract in question, void as to any excess over the limit fixed by law seems recognized by a number of authorities. Dunn v. Great Falls, 31 Pac. Rep. 1017; Culbertson v. Fulton, 127 111. 30; Comp. Laws, 1884, sec. 1622, par. 67-71. See, also, United States v. Macon County, 99 U. S. 582; Quincy v. U. S., 113 Id. 332; "Webster v. People, 98 111. 343; State v. Babcock, 20 Neb. 522;…
1Opinion of the CourtLaughlin, J.
The complainant corporation, the Eaton Waterworks Company, filed its bill of complaint in the ■court below against tbe defendant corporation, tbe town of Eaton, and among the allegations it alleged that it entered into a certain contract with tbe said defendant corporation,by wbicb it agreed and bound itself, its successors and assigns, to supply tbe said defendant corporation with water for a period of twenty-five years from tbe twenty-fourth day of July, 1891. This contract was an exclusive grant to complainant corporation by tbe defendant corporation, and was in tbe nature of an oi’dinance…
2Cases cited17 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Lake County v. RollinsSupreme Court of the United States · 1889
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- Litchfield v. BallouSupreme Court of the United States · 1885
- Dixon County v. FieldSupreme Court of the United States · 1884
12 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State Office Bldg. Commission v. TrujilloNew Mexico Supreme Court · 1941
- Trujillo v. GonzalesNew Mexico Supreme Court · 1987
- Environmental Control, Inc. v. City of Santa FeNew Mexico Court of Appeals · 2001
- State v. City of MiamiSupreme Court of Florida · 1942
- Hamilton Test Systems, Inc. v. City of AlbuquerqueNew Mexico Supreme Court · 1985