City of Topeka v. National Surety Co.

The opinion of the court was delivered by

Smith, J.:

This was an action to collect the amount of a bonu given to guarantee compliance with the terms of a franchise ordinance. Judgment was for plaintiff. Defendant appeals.

The city of Topeka passed an ordinance giving a franchise to the Industrial Gas Company to furnish gas to industrial users in the city. The part of the ordinance which it is necessary for us to consider is section 5. It is as follows:

“Sec. 5. That within thirty (30) days after acceptance of this ordinance by the grantee and as one of the considerations for granting the…