Paola Gas Co. v. Paola Glass Co.
Supreme Court of Kansas
Error from Miami District Court. The Paola Glass Company brought an action against The Páola Gas Company to recover damages for breach of a contract made May 21, 1887, in which the gas company agreed to deliver at the -works of the glass company, for 10 months from September 1,1887, all the natural gas necessary to run a 12-pot glass factory for the manufacture of glass bottles ; and it was further agreed that the contract included the use of gas for accessory purposes,…
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Error from Miami District Court. The Paola Glass Company brought an action against The Páola Gas Company to recover damages for breach of a contract made May 21, 1887, in which the gas company agreed to deliver at the -works of the glass company, for 10 months from September 1,1887, all the natural gas necessary to run a 12-pot glass factory for the manufacture of glass bottles ; and it was further agreed that the contract included the use of gas for accessory purposes, together with heating and lighting the glass-works. The consideration to be paid by the glass company was $300 per month,…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.
*620' books as *618: The principal inducement for establishing a glass factory at Paola was the cheap fuel which it was supposed could be obtained there, and which the gas company agreed to furnish. The manufacture of glassware was an untried enterprise in the West. It was unsuccessful, and the cause of the failure is the main subject of dispute. On.one side, it is contended, that it was due to an insufficient supply of gas, which the gas company had agreed to furnish ; and on the other side, the contention is that the supply was ample, but that…
2Cases cited13 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Abbott v. GatchCourt of Appeals of Maryland · 1859
- New York & Colorado Mining Syndicate & Co. v. FraserSupreme Court of the United States · 1889
- Poposkey v. MunkwitzWisconsin Supreme Court · 1887
- Hoge v. NortonSupreme Court of Kansas · 1879
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3Cited by22 opinions
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- Webster v. BeauWashington Supreme Court · 1914
- Bishop-Babcock-Becker Co. v. Estes Drug Co.Supreme Court of Oklahoma · 1917
- Ft. Smith W. R. Co. v. WilliamsSupreme Court of Oklahoma · 1912
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