Kansas Power Co. v. Fairbanks, Morse & Co.

The opinion of the court was delivered by

Dawson, J.:

Plaintiff brought this taxpayer’s suit under authority of the civil code (R. S. 60-1121) to enjoin the defendants from carrying into effect the terms of a contract for the purchase and sale of electric generating machinery for a municipal light and power plant which the governing body of the city of Glen Elder had decided to construct.

It appears that for some years past Glen Elder, a city of the third class, has owned an electric distribution system -whereby it serves itself and the citizens of that town with light and power. The plaintiff…