Kansas City Power & Light Co. v. City of Elkhart

The opinion of the court was delivered by

Dawson, J.:

This is an appeal from an order of the district court *375of Morton county setting aside a default judgment against the city of Elkhart.

Briefly, the pertinent facts were these:

For some time past the Kansas City Power & Light Company had been supplying water and lighting services to the city of Elkhart. Following the enactment of the “cash-basis” law of 1933, the plaintiff power, company presented bills to the city for alleged balances of accounts due for such services aggregating $2,529.50. These claims were disallowed by the city on May 15,…