City of Leavenworth v. Leavenworth City & Fort Leavenworth Water Co.

The opinion of the court was delivered by

Mason, J. :

On January 18, 1882, the mayor and council of Leavenworth, a city of the first class, passed an ordinance granting for twenty years to the Leavenworth City & Fort Leavenworth Water Company, a corporation, the right to construct and maintain a system of water-works and to use the streets of the city so far as necessary for the purpose. Section 21 of the ordinance read :

“The city of Leavenworth reserves the right, on or after the expiration of twenty years from the date of this ordinance, to purchase these works of the company, together with…