City of Eureka v. Kansas Electric Power Co.

The opinion of the court was delivered by

Sloan, J.:

This is an action brought by the plaintiff for the purpose of obtaining an inspection and audit of the books of the defendant to determine its annual gross income from the sale of electric energy in the city to the end that the city might enforce the collection of a franchise charge of two per cent upon such gross income. The trial court found for the plaintiff and entered judgment accordingly. The defendant appeals.

The trial court made special findings of fact, which are not challenged by either party, and conclusions of law, as follows:

*239“Find…