City of Burlington v. Burlington Water Co.
Supreme Court of Iowa
Appeal from Des Moines District Court. — Hoñ. C. H. Phelps, Judge. The plaintiff is a city of the first class, and the defendant is a corporation engaged in the business of furnishing water to the city for the purpose of extinguishing fires, and to its inhabitants for domestic uses.
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Appeal from Des Moines District Court. — Hoñ. C. H. Phelps, Judge. The plaintiff is a city of the first class, and the defendant is a corporation engaged in the business of furnishing water to the city for the purpose of extinguishing fires, and to its inhabitants for domestic uses. It is claimed by the city that the defendant has failed to comply with a certain ordinance of the city in the nature of a contract between the parties, by which the said defendant bound itself to properly filter the water furnished to the city and its inhabitants at all times, exeept when used in the…
1Opinion of the CourtRothrock, J.
1. Municipal corporations: contract with water company: specific performance. I. The defendant adopted articles of incorporation in the year 1877. The object and purpose of the incorporation, as stated in said articles, was “to construct and operate a system of waterworks in and for cpy 0f Burlington, in the state of Iowa.” Other provisions of said articles need not be referred to further than to say that the capital stock *268was fixed at three hundred thousand dollars, in shares of one hundred dollars each, and that “calls for installments upon the amount of stock subscribed may be made from…
2Cited by6 opinions
- Creston Waterworks Co. v. City of CrestonSupreme Court of Iowa · 1897
- Kaukauna Electric Light Co. v. City of KaukaunaWisconsin Supreme Court · 1902
- Bomer v. CanadayMississippi Supreme Court · 1901
- Farmers Mutual Life Protective Ass'n v. ElliottCourt of Appeals of Georgia · 1908
- Harlow v. Oregonian Publishing Co.Oregon Supreme Court · 1904
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