Coal District Power Co. v. Katy Coal Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. The contract was in general terms, there being no agreement for the supply of any definite amount of current nor any .guaranty that there would be no inter.ruptions, nor promise to take any definite amount, nor any special object for which, current was taken. The contract was in general terms for the sale of current of electricity without any special provisions whatever.
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Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. The contract was in general terms, there being no agreement for the supply of any definite amount of current nor any .guaranty that there would be no inter.ruptions, nor promise to take any definite amount, nor any special object for which, current was taken. The contract was in general terms for the sale of current of electricity without any special provisions whatever. The proof shows defendant exercised the highest degree of care at all times. Any interruptions of service were solely on account of matters…
1Opinion of the CourtSmith, J.
The parties to this litigation entered into the following contract:
“The following contract entered into and made this 24th day of May, 1917, by and between the Katy Coal Company, a corporation duly organized and existing under and by virtue of the laws of the State of Arkansas, to be hereinafter referred to as the consumer, and the Coal District Power Company, a corporation duly organized and existing under and by virtue of the laws of the State of Arkansas, to be hereinafter referred to as' the company. Witnesseth:
“For the sum of one dollar and other good and valuable considerations, each…
2Cases cited1 opinion
- Harrington v. BlohmSupreme Court of Arkansas · 1918
3Cited by3 opinions
- Sager v. Jung & Sons Co.Supreme Court of Arkansas · 1920
- National Food Stores, Inc. v. Union Electric Co.Missouri Court of Appeals · 1973
- Cechanowicz v. Highland Park State BankMichigan Supreme Court · 1923