Cherokee Public Service Co. v. Helena

Kirby, J.,

(after stating the facts). Appellant contends that, under the terms of its franchises, it was only bound to furnish the gas in accordance with its contract, “contingent upon acts of Grod, and other things beyond the contrdl of the grantee herein;” and that it was not liable for failure to perform its contract; being unable to procure a supply of gas for distribution to the cities under its franchises from the pipe line company, a common carrier of gas through the State. It alleged that all the parties to the franchises knew that appellant company had no gas wells or supply of its…