Montana Water Co. v. City of Billings
District Court, D. Montana
In Equity. Suit by the Montana Water Company against the. City of Billings to compel specific performance of a contract for municipal water supply and to enforce a renewal clause in the contract.
1Opinion of the Court
BOURQUIN, District Judge.
In its present aspect this is a suit to compel specific performance of a contract for a municipal water supply, to enforce a renewal clause. The defenses are invalidity of the contract and nonperformance by complainant.
From the evidence it appears that defendant, a city of this state, was incorporated under a special act of the Legislature of date March 10, 1885. Therein were limitations upon the power to create debts and restrictions upon the method of contracting. The first involved authorization by a vote of electors; the second, advertising and awarding to the…
2Cases cited6 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- State ex rel. Great Falls Water Works v. Mayor of Great FallsMontana Supreme Court · 1897
- Columbus v. Mercantile Trust & Deposit Co. of BaltimoreSupreme Court of the United States · 1910
- C. H. Venner Co. v. Urbana WaterworksU.S. Circuit Court for the District of Southern Ohio · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Tampa & Jacksonville Railway Co. v. CattsSupreme Court of Florida · 1920
- Washington Fruit & Produce Co. v. City of YakimaWashington Supreme Court · 1940
- Rayner v. McCabeMassachusetts Supreme Judicial Court · 1946
- Stronge & Warner Co. v. H. Choate & Co.Supreme Court of Minnesota · 1921
- Montana Water Co. v. City of BillingsCourt of Appeals for the Ninth Circuit · 1915
1 more not listed; retrieve them via the Exa API.