Salmon v. Rochester & Lake Ontario Water Co.

At the trial defendant moved for judgment on plaintiffs’ opening and the complaint. By agreement the trial was then suspended so that the questions involved might be examined and submitted.

Plaintiffs sue in equity for an injunction to restrain defendant from discontinuing supplying water under a contract which defend*132ant here attacks as invalid, on the ground, first, lack of power on the part of plaintiffs to make it; and second, if it be claimed that it was made by authority of an implied power, then that it was void because made for more than five years. Defendant also challenges plaintiffs’…