National Foundry & Pipe Works v. Oconto Water Supply Co.
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF WISCONSIN. .In January, 1890, the city of Oconto adopted an ordinance authorizing the Oconto "Water Company,, its successors and assigns, to construct and operate waterworks in said city. Said Oconto Water Company is hereafter referred "to as the Water Company.
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ERROR TO THE SUPREME COURT OF THE STATE OF WISCONSIN. .In January, 1890, the city of Oconto adopted an ordinance authorizing the Oconto "Water Company,, its successors and assigns, to construct and operate waterworks in said city. Said Oconto Water Company is hereafter referred "to as the Water Company. The Water Company commenced the construction of its plant., On August 28, 1890, it contracted with the plaintiff in error, the National Foundry and Pipe Works, Limited — hereafter styled the Pipe Works — for a -supply of pipe to be used in said water plant/the pipe to be delivered at intervals…
1Opinion of the CourtJustice White
In order to clearly present the simple issue arising on this record tor decision we have been obliged to make the foregoing lengthy statement of the facts which are involved in this unnecessarily protracted litigation.
When the allegations of the complaint by which this action was commenced are ultimately resolved, all the rights which they assert are embraced within the following propositions:
1. A contention that the Water Supply Company, by virtue of its acquisition from Andrews & Whitcomb, was a mere successor corporation of the originalWater Company, and became bound for all its…
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