Fort Smith Light & Traction Co. v. Kelley
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; /. V. Bourland, Chancellor; STATEMENT BY THE COURT. On the 21st day of December, 1903, the city of Fort- Smith, by ordinance No. 634, granted to Harry E. Kelley and "assigns” a franchise for furnishing natural gas to the inhabitants of the city for a period of fifty years.
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Appeal from Sebastian Chancery Court; /. V. Bourland, Chancellor; STATEMENT BY THE COURT. On the 21st day of December, 1903, the city of Fort- Smith, by ordinance No. 634, granted to Harry E. Kelley and "assigns” a franchise for furnishing natural gas to the inhabitants of the city for a period of fifty years. The Mansfield Gas Company, a corporation, owned natural gas wells in the vicinity of Fort Smith and a plant or system of mains and pipes for operating same in the city. Kelley owned ninety-five per cent, of its stock. The Fort Smith Light & Traction Company, a corporation, had the power…
1Opinion of the Court
Wood, J.,
(after stating the facts). Appellees urge affirmance upon certain grounds which we will consider in the order presented by counsel.
1. “That plaintiff violated the contract in organising a competitor in the production and sale of gas and bringing it into this Held to compete with defendants, in disregard of the contract which provides that both parties will ‘promote and protect the interests of each other and above those of any other person or corporation.’ ”
H. M. Byllesby was president of H. M. Byllesby & Company, a New Jersey corporation. Its business was that of engineering,…
2Cases cited7 opinions
- Oregon Steam Navigation Co. v. WinsorSupreme Court of the United States · 1874
- Los Angeles v. Los Angeles City Water Co.Supreme Court of the United States · 1900
- New Orleans, Spanish Fort & Lake Railroad v. DelamoreSupreme Court of the United States · 1885
- Wood v. KelseySupreme Court of Arkansas · 1909
- Webster v. WilliamsSupreme Court of Arkansas · 1896
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