City of Winfield v. Winfield Water Co.
Supreme Court of Kansas
M'ror from Cowley District Court. Action by the City of Winfield against the Winfield Water Company, to cancel a contract for supplying the city with water. A demurrer to the petition was sustained, and the plaintiff comes to this court. The opinion states the material facts.
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M'ror from Cowley District Court. Action by the City of Winfield against the Winfield Water Company, to cancel a contract for supplying the city with water. A demurrer to the petition was sustained, and the plaintiff comes to this court. The opinion states the material facts. In the case of Farmers’ Loan and Trust Co. v. City of Galesburg, 133 U. S. 156, almost an identical state of facts existed, and Justice Blatchford, in the opinion, holds that the failure of the water company to furnish water of the quality and in the quantity required by the ordinance gave the city a right to have the…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
This was an action brought by the plaintiff in error in the district court of Cowley county, to obtain a cancellation of its contract with the water company for supplying the city and its inhabitants with water. The material averments of the petition, so far as they are necessary for consideration in this case, are in substance as follows: That the plaintiff is a city of the second class; that the defendant is a corporation organized under the laws of Kansas; that on the 17th day of January, 1883, an ordinance was duly passed by the mayor and…
2Cases cited3 opinions
- Farmers' Loan & Trust Co. v. GalesburgSupreme Court of the United States · 1890
- Mott v. Cherryvale Water & Manufacturing Co.Supreme Court of Kansas · 1892
- Burlington Water Works Co. v. City of BurlingtonSupreme Court of Kansas · 1890
3Cited by6 opinions
- City of Bluff City v. Western Light & Power Corp.Supreme Court of Kansas · 1933
- Cherryvale Water Co. v. City of CherryvaleSupreme Court of Kansas · 1902
- Mills v. City of OsawatomieSupreme Court of Kansas · 1898
- State v. Mountain Spring Co.Washington Supreme Court · 1909
- City of Columbus v. American Gas Co.Supreme Court of Kansas · 1915
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