Horsky v. Helena Consolidated Water Co.
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarice County. Action for an injunction. Defendant’s demurrer was sustained by Buck, J. I. The defendant having purchased the old company’s property and franchise, and assumed the contract while plaintiffs were using tlieir service-pipe thereunder, is directly bound by the obligations of such contraet. (Coffman v. Robbins, 8 Or. 278, 284; Pomeroy’s Specific Performance of Contracts, § 493.) II.
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Appeal from First Judicial District, Lewis and Clarice County. Action for an injunction. Defendant’s demurrer was sustained by Buck, J. I. The defendant having purchased the old company’s property and franchise, and assumed the contract while plaintiffs were using tlieir service-pipe thereunder, is directly bound by the obligations of such contraet. (Coffman v. Robbins, 8 Or. 278, 284; Pomeroy’s Specific Performance of Contracts, § 493.) II. Having availed itself of the legal rights of the contract, that is, its benefits, and retained the rents collected thereunder, it cannot shirk its…
1Opinion of the CourtPemberton, C. J.
This is a suit for injunction. The
facts stated in the complaint are substantially as,follows: Appellants (plaintiffs below), Horsky, Miller & Co., the owners of a large brewery, and having a valuable patronage and custom to which they steadily supplied the product of their brewery, made a contract on February 15, 1887, with one George F. Woolston, to furnish water for a term of ten years, for brewing and other purposes, at stipulated rates, through a system of water-mains to be built by the latter in the city of Helena. Woolston organized, on March 6, 1887, a corporation, “Helena Water…
2Cases cited1 opinion
- Wiggins Ferry Co. v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1892
3Cited by5 opinions
- Washington Water & Electric Co. v. Pope Manufacturing Co.Supreme Court of Georgia · 1932
- Edwards v. Milledgeville Water Co.Supreme Court of Georgia · 1902
- Manatee County Growers Ass'n v. Florida Power & Light Co.Supreme Court of Florida · 1934
- Galbreath Gas Co. v. Lindsey Et Ux.Supreme Court of Oklahoma · 1912
- Egyptian Packing Co. v. Olney Gas Co.Appellate Court of Illinois · 1913