Smith Canal or Ditch Co. v. City of Denver
Supreme Court of Colorado
Error to the District Court of Arapahoe County. Action for water furnished and delivered. General demurrer to complaint sustained, and judgment dismissing plaintiff’s complaint. Plaintiff brings the cause to this court by writ of error. COMPLAINT.
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Error to the District Court of Arapahoe County. Action for water furnished and delivered. General demurrer to complaint sustained, and judgment dismissing plaintiff’s complaint. Plaintiff brings the cause to this court by writ of error. COMPLAINT. “ That the plaintiff The Smith Canal or Ditch Company is a corporation organized and existing under and by virtue of the laws of the territory now state of Colorado, for the purposes as stated in its articles of incorporation, of constructing, operating and maintaining a certain canal, or ditch to divert water from the Platte river and to dispose of…
1Opinion of the CourtJustice Elliott
This action is in the nature of an assumpsit upon an implied contract; The complaint contains no agreement or promise as to the price to be paid by the defendant city for the water furnished to it by the plaintiff company; but it is contended that from the facts alleged the law implies a promise on the part of the city to pay plaintiff a reasonable price for the water actually furnished and delivered.
The general rule is, that to create a liability against a municipality by contract, the contract must be express. 1 Dillon, Mun. Corp. (4th ed.) see. 461. The exceptions to this rule need not now…
2Cases cited5 opinions
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
- People ex rel. Seeley v. MaySupreme Court of Colorado · 1885
- Smith v. . City of NewburghNew York Court of Appeals · 1879
- Nelson v. Mayor of New YorkNew York Court of Appeals · 1876
- McCoy v. BriantCalifornia Supreme Court · 1878
3Cited by12 opinions
- Normandy Estates Metropolitan Recreation District v. Normandy Estates Ltd.Supreme Court of Colorado · 1976
- City of Leadville v. Leadville Sewer Co.Supreme Court of Colorado · 1909
- City of Englewood v. Ripple & Howe, Inc.Supreme Court of Colorado · 1962
- State Ex Rel. Cole v. KellerSupreme Court of Florida · 1937
- Kingsley v. City & County of DenverSupreme Court of Colorado · 1952
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