Legal Opinion

Lebanon Light & Magnetic Water Co. v. City of Lebanon

Supreme Court of Missouri

Decided June 11, 1901No. 2PublishedCited by 8 opinions

Appeal from Laclede Circuit Court. — Ron. L. B. Woodside, , Judge. (1) In all equity and good conscience, defendant city ■of Lebanon by its acts should be estopped from setting up that the contract of rental of hydrants was invalid.

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Appeal from Laclede Circuit Court. — Ron. L. B. Woodside, , Judge. (1) In all equity and good conscience, defendant city ■of Lebanon by its acts should be estopped from setting up that the contract of rental of hydrants was invalid. The city, after it has asserted and recognized the existence and validity of the contract for a number of years against the party contracting with it, which furnished it with the necessary supplies called for in the contract, should now be estopped from controverting the validity of such contract. Bank v. City of Arkansas, 76 Eed. 272; Brown v. Ingalls Twp., 86…

1Opinion of the CourtBurgess, J.

— This is an action by plaintiff as assignee of the Lebanon Light & Water Company to recover of the defendant, a city of the fourth class, the sum of seven hundred and twenty dollars and interest, for the rental of seven hydrants furnished to the defendant city by plaintiff from the fifteenth day of March, 1896, to the first day of January, 1898, at the rate of four hundred and twenty dollars per annum.

The facts are about as follows:

On the first day of September, 1890, the board of alder*257men of defendant city, by an ordinance duly passed numbered 86, granted to the Lebanon Light & Water…

2Cases cited1 opinion

  1. Stewart v. City of ClintonSupreme Court of Missouri · 1883

3Cited by8 opinions

  1. Fulton v. City of LockwoodSupreme Court of Missouri · 1954
  2. State Ex Rel. Barkwell v. TrimbleSupreme Court of Missouri · 1925
  3. State ex rel. Wirt v. County CourtMissouri Court of Appeals · 1909
  4. State v. SheltonSupreme Court of Missouri · 1926
  5. Missouri Public Service Co. v. Barton County Electric CooperativeMissouri Court of Appeals · 1962

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