Brooks v. City of Wichita
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Kansas. On the 23d day of September, .1898, the Wichita Railway, Light & Power Company entered into a contract with the city of Wichita by which it agreed to furnish the city with 150 arc lights of the standard of 2,000 candle power, and to have the same “in operation by April 1st, 1899.” The contract contained the following provisions: “And it is further agreed that in the even4' , that the said first…
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Appeal from the Circuit Court of the United States for the District of Kansas. On the 23d day of September, .1898, the Wichita Railway, Light & Power Company entered into a contract with the city of Wichita by which it agreed to furnish the city with 150 arc lights of the standard of 2,000 candle power, and to have the same “in operation by April 1st, 1899.” The contract contained the following provisions: “And it is further agreed that in the even4' , that the said first party shall fail to furnish and put in operation for the use of the said city the one hundred and fifty (150) arc lights…
1Opinion of the CourtCardwerr, Circuit Judge
Waiving any consideration of the question of equitable jurisdiction, concerning which there may be some doubt, owing to the equitable character of the plaintiff’s alleged claim to the fund, we will proceed to dispose of the case on its merits.
By the express terms of the contract, if the 150 arc lights were not put up and in operation within the time limited, the company was to forfeit and pay to the city, “as liquidated damages, and not as a penalty, the sum of ten thousand dollars now on deposit with the city treasurer of the city of Wichita.” Cases of penal bonds between private persons,…
2Cases cited3 opinions
- Clark v. BarnardSupreme Court of the United States · 1883
- Bagley v. . PeddieNew York Court of Appeals · 1857
- Nilson v. JonesboroSupreme Court of Arkansas · 1893
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- Six Companies of California v. Joint Highway Dist. No. 13Court of Appeals for the Ninth Circuit · 1940
- Turner v. City of FremontCourt of Appeals for the Eighth Circuit · 1909
- Stephens v. Essex County Park CommissionCourt of Appeals for the Third Circuit · 1906
- Lee v. PostonSupreme Court of North Carolina · 1951
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