Keith v. City of Cave Springs

Jim Johnson, Associate Justice.

This appeal involves a mandatory injunction. Prior to September 9, 1950, the water supply and distribution system of the City of Cave Springs consisted of individual wells and pressure pumps. No city water service was available.

On September 9, 1950, the City entered into a 25 year contract prepared by E. L. Keith whereby the latter agreed to sell and deliver to the City water suitable for industrial and domestic consumption under pressure at a gate valve in the street near the northwest corner of Lake Keith (a small impounded body of water fed by a spring known…