Kansas Electric Utilities Co. v. Kansas City, Kaw Valley & Western Railway Co.

*286The opinion of the court was delivered by

West, J.:

The plaintiff sued for specific performance and for damages, and the court found in its favor on the first cause of action, the only one involved herein. The defendant appeals, and contends that the contract sued on was void for want of consideration, that it was not assignable, and that it was not approved by the utilities commission.

The petition alleged in substance that the plaintiff as successor of the Lawrence Railway & Light Company was operating a line of street railway in Lawrence under a franchise of the city authorizing the…