Lonoke v. Bransford
Supreme Court of Arkansas
Appeal from Lonoke Chancery Court; John E. Martillean, Chancellor; 1. The decree should be reversed because (1) there was a bona fide contract between Bransford & Son and Lonoke whereby water was to be furnished during the life of the contract at á stipulated price and (2) Kirby’s Digest, sections 5445-5448, inclusive, do not authorize appellee or the court to fix arbitrarily his own rates, and (3) there has been no mutuality of contract between the town of Lonoke and…
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Appeal from Lonoke Chancery Court; John E. Martillean, Chancellor; 1. The decree should be reversed because (1) there was a bona fide contract between Bransford & Son and Lonoke whereby water was to be furnished during the life of the contract at á stipulated price and (2) Kirby’s Digest, sections 5445-5448, inclusive, do not authorize appellee or the court to fix arbitrarily his own rates, and (3) there has been no mutuality of contract between the town of Lonoke and Bransford & Son upon any other rate than that set out in the original contract and neither the court nor appellee could…
1Opinion of the CourtHumphreys, J.
Appellee instituted this suit against appellant in the Lonoke Chancery Court to enjoin the city and its officers from enforcing a water rate of $1 per month for residences, $1.50 for livery stables, and $2 for hotels and inns, upon the grounds, first that appellee had not entered into a contract with appellant to furnish water at the rates specified; second, that, if such a contract was made, it was inconsistent with the franchise granted to the predecessors of appellee; and, third, that, if such a contract were made, and was consistent with the franchise, it was confiscatory of appellee’s…
2Cases cited3 opinions
- Little Rock Railway & Electric Co. v. DowellSupreme Court of Arkansas · 1911
- Lackey v. Fayetteville Water Co.Supreme Court of Arkansas · 1906
- Arkansas Light & Power Co. v. CooleySupreme Court of Arkansas · 1919
3Cited by9 opinions
- Pepsodent Co. v. Krauss Co.Supreme Court of Louisiana · 1942
- Pocahontas v. Central Power and Light Co.Supreme Court of Arkansas · 1922
- Camden v. Arkansas Light & Power Co.Supreme Court of Arkansas · 1920
- Mennen Co. v. Krauss Co.District Court, E.D. Louisiana · 1941
- Camden Gas Corp. v. CamdenSupreme Court of Arkansas · 1931
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