Montgomery Traction Co. v. Montgomery Light & Water Power Co.
Court of Appeals for the Fifth Circuit
Appeal from the District Court of tíre United States for the Middle District of Alabama; Henry D. Clayton, Judge. Suit by the Montgomery Light & Water Power Company against the Montgomery Traction Company. Decree in favor of plaintiff (219 Fed. 963), and defendant appeals.
1Opinion of the Court
WALKER, Circuit Judge.
The averments of the bill in this case show that at the time it was filed, in September, 1911, the defendant (the appellant here), was receiving from the plaintiff and using electrical current for' the operation of its railway under a contract then existing between them, providing for the supply by the plaintiff and the use by the defendant of such current for a period of 15 years from February 1, 1903; that the plaintiff had complied with its obligations under said contract, and was ready, able, and willing to carry out and perform every term or stipulation thereof…
2Cases cited4 opinions
- Mississippi Glass Co. v. FranzenCourt of Appeals for the Third Circuit · 1906
- Montgomery Light & Power Co. v. Montgomery Traction Co.U.S. Circuit Court for the District of Middle Alabama · 1911
- Montgomery Light & Water Power Co. v. Montgomery Traction Co.District Court, M.D. Alabama · 1914
- Turner Const. Co. v. Union Terminal Co.Court of Appeals for the Fifth Circuit · 1916
3Cited by18 opinions
- Great Lakes & St. Lawrence Transp. Co. v. Scranton Coal Co.Court of Appeals for the Seventh Circuit · 1917
- Moore v. MoffattCalifornia Supreme Court · 1922
- Sanjay, Inc. v. Duncan Const. Co., Inc.Supreme Court of Alabama · 1983
- Day v. Ray E. Friedman & Co.Supreme Court of Alabama · 1981
- Associated Oil Co. v. MyersCalifornia Supreme Court · 1933
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