Maine Water Co. v. City of Waterville
Supreme Judicial Court of Maine
On Report. This was art action of debt, to recover the sum of $924.00, which the plaintiff claimed was due to it on September 28, 1897, for water service rendered by it to the City of Waterville under its contract of January 21, 1890. Plea, general issue and brief statement: “ And for a brief statement of special matter of defense to be used under the general issue pleaded, the said defendants further say, that the alleged contract of January 21, 1890, referred to and set up…
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On Report. This was art action of debt, to recover the sum of $924.00, which the plaintiff claimed was due to it on September 28, 1897, for water service rendered by it to the City of Waterville under its contract of January 21, 1890. Plea, general issue and brief statement: “ And for a brief statement of special matter of defense to be used under the general issue pleaded, the said defendants further say, that the alleged contract of January 21, 1890, referred to and set up in plaintiff’s declaration, was not made for and upon the consideration therein expressed, but that the expression of…
1Opinion of the CourtWiswell, J.
On May 5, 1887, the Waterville Water Company, the predecessor of the plaintiff corporation, entered into a written contract with the inhabitants of the then town of Water-ville, by the terms of which, the Water Company contracted among other things, to construct a safe and suitable reservoir in the town with a capacity of at least two million gallons of water, the bottom of which reservoir should be at least one hundred and seventy-five feet above the level of the street at the postoffice; to force water to such reservoir from either the Messalonskee stream, or the Kennebec river, and keep…
2Cases cited2 opinions
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