City Council v. Montgomery Water Works Co.
Supreme Court of Alabama
Action Toy Water- Works Company, against Municipal Corporation, for Breach of Contract. Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington.
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Action Toy Water- Works Company, against Municipal Corporation, for Breach of Contract. Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. This action was brought by the Montgomery 'Water Works Company, a private corporation, against the “ City Council of Montgomery,” a municipal corporation; and was commenced on the 19th July, 1884. The complaint contained the common count, claimiug $700 as due by account on the 1st July, 1884, “ for water furnished by plaintiff to supply the fire-plugs in the city of Montgomery during the month of June, 1884;” and a special…
1Opinion of the CourtSomeryille, J.
The evidence discloses, without conflict, that the plaintiff had been furnishing the defendant, for eight or ten years, with water “ for fire purposes,” through a large number of hydrants; this water being used by the city authorities for the purpose of extinguishing fires, whenever required. No account was kept of the quantity of water consumed for this purpose; but the defendant had paid for this privilege, regularly, the annual sum of seventy-five dollars per hydrant, in monthly installments of six dollars and a quarter per hydrant.- This suxxx had been paid on the first of each month, on…
2Cases cited2 opinions
- Keel v. LarkinSupreme Court of Alabama · 1882
- Firemen's Insurance v. CrandallSupreme Court of Alabama · 1858
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- Georgia Home Insurance v. AllenSupreme Court of Alabama · 1900
- City of Greenville v. Greenville Water Works Co.Supreme Court of Alabama · 1899
- Liverpool London Globe Ins. Co. v. McCreeSupreme Court of Alabama · 1925
- Shears v. All States Life Ins. Co.Supreme Court of Alabama · 1942
- Young v. East Ala. Railway Co.Supreme Court of Alabama · 1885
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