Memphis Electric Light, Heat & Power Co. v. City of Memphis
Supreme Court of Missouri
Appeal from Marion Circuit Court. — Hon. William T. Ragland, Judge. (1) The express provisions of the statute, franchise and ordinance shall be first considered, and then what is necessarily implied from such expressed' provisions. This is the only rule for finding the true and entire contract and the intention of the parties. Citizens’ St, Ry. Co. v. Railroad, 171 U. S. 48; Los Angeles v. Water Co., 177 U. S. 558; Dillon, Muh.
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Appeal from Marion Circuit Court. — Hon. William T. Ragland, Judge. (1) The express provisions of the statute, franchise and ordinance shall be first considered, and then what is necessarily implied from such expressed' provisions. This is the only rule for finding the true and entire contract and the intention of the parties. Citizens’ St, Ry. Co. v. Railroad, 171 U. S. 48; Los Angeles v. Water Co., 177 U. S. 558; Dillon, Muh. Corp. (4 Ed.), pars. 451-459. (2) The law implies duties and obligations in a contract from those which are expressed, and the implied duties and obligations are as…
1Opinion of the CourtBlair, J.
Appellant is a corporation operating an electric light plant in respondent city and brought this suit to enjoin the city, the mayor, city clerk and city council from issuing and selling bonds voted in 1916 for the purpose of erecting a municipal light plant. Appellant originally acquired a franchise granted to one Craig and operated under it until its expiration in 1912. In that year a new twenty-year franchise was granted appellant, and it extended its lines and replaced some poles, incurring some expense in so doing.
The 1912 franchise ordinance recited the expiration of the former franchise…
2Cases cited2 opinions
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Vicksburg v. Vicksburg Waterworks Co.Supreme Court of the United States · 1906
3Cited by5 opinions
- State Ex Rel. City of Mansfield v. CrainMissouri Court of Appeals · 1957
- State ex rel. City of Memphis v. HackmanSupreme Court of Missouri · 1918
- Sho-Me Power Corp. v. City of Mountain GroveMissouri Court of Appeals · 1971
- Jackson County Public Water Supply District No. 1 v. Ong Aircraft Corp.Missouri Court of Appeals · 1966
- Intermountain Rural Electric Ass'n v. Colorado Central Power Co.Supreme Court of Colorado · 1957