Mayor of the City of Brunswick v. Ætna Indemnity Co.
Court of Appeals of Georgia
Action on bond, from city court of Brunswick — Judge Gale. December 30, 1907. The Southern Electric Railway, Light & Water Companyj with the view of constructing and operating a number of public, utilities, including gas works, an electric-light plant, and an electric street-railway, at Brunswick, Georgia, began negotiations through one Neff, its agent, with the mayor and council of that city, for certain rights, permits, and franchises, including the use of the public…
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Action on bond, from city court of Brunswick — Judge Gale. December 30, 1907. The Southern Electric Railway, Light & Water Companyj with the view of constructing and operating a number of public, utilities, including gas works, an electric-light plant, and an electric street-railway, at Brunswick, Georgia, began negotiations through one Neff, its agent, with the mayor and council of that city, for certain rights, permits, and franchises, including the use of the public streets, the fee to which was vested in the city. The city council, pursuant to the negotiations, passed an ordinance in…
1Opinion of the CourtPowell, J.
(After stating the facts.)
1. In our opinion, construing the ordinance as a whole, it did not contain any covenant on the part of the grantees to exercise the street-railway franchise, but merely gave them an option to enjoy the privileges granted, on condition that the work should progress to the extent indicated within the time limited. However, since the stress of the argument — and the case was well and ably argued here — fell upon the points as to whether the sum expressed in the bond -is liquidated damages or a penalty, and since we have come to the conclusion that upon the solution of…
2Cases cited8 opinions
- Foley v. McKeeganSupreme Court of Iowa · 1856
- Long v. TowlSupreme Court of Missouri · 1868
- Foote & Davies Co. v. MalonySupreme Court of Georgia · 1902
- Sanders & Ables v. CarterSupreme Court of Georgia · 1893
- Wilkinson v. ColleySupreme Court of Pennsylvania · 1894
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3Cited by24 opinions
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- Daniels v. JohnsonCourt of Appeals of Georgia · 1989
- Florence Wagon Works v. SalmonCourt of Appeals of Georgia · 1910
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