Western Distributing Co. v. City of Mulvane

The opinion of the court was delivered by

Johnston, C. J.:

This was an action by the Western Distributing Company to recover from the city of Mulvane $354.94 for natural gas supplied to and used by the city. The court sustained the defendant’s motion for a judgment on the pleadings, and plaintiff appeals.

The pleadings show that on August 8, 1906, the city by ordinance granted a franchise to certain persons to construct and operate a gas plant in the city for a period of twenty years for the purpose of supplying natural gas to the city and its inhabitants, with the right to lay mains, service…