City of Breckenridge v. Stoker

GRISSOM, Chief Justice.

Roy Stoker and wife sought a writ of mandamus requiring the City of Breckenridge to perform a contract to extend its water and sewer mains to Stoker’s houses and to recover damages. The court, on its own motion, instructed a verdict for the Stokers requiring extension of the sewer main but as to all other matters withdrew the case from the jury and rendered judgment requiring extension of the sewer lines but denying the Stokers all other relief. All parties have appealed.

The City contends that the part of the judgment requiring extension of its sewer line should be…