Pike's Peak Hydro-Electric Co. v. Power & Mining Machinery Co.

HOOK, Circuit Judge.

The principal question in this case is whether the appellee is liable in damages for failure to perform a contract within the time limited, and it depends upon the proper construction of stipulations in the contract which are apparently contradictory. The Pike’s Peak Hydro-Electric Company was about to build a plant for generating electric power near Manitou, Colo., and to make use of the waters on the east slope of Pike’s Peak at a high elevation by conducting them through a precipitous pipe line several thousand feet down the mountain side to the water wheels below. It…