Mayor of Bayonne v. Standard Oil Co.

The opinion of the court was delivered by

Gummere, Chief Justice.

This is an action on contract brought by the city of Bayonne to recover the price of water averred to have been sold and delivered by the city to the de^ fendant company from June 1st, 1903, to February 20th, 1906, at the rate of one dollar per thousand cubic feet.

The defendant, for a number of years prior to 1904, had been a large consumer of city water at its plant at Constables Hook, and had paid for the quantity consumed each month as indicated by twenty-three meters installed at various places upon its property by the…