Wight v. City of Chicago
Appellate Court of Illinois
Assumpsit. Appeal from the Superior Court of Cook county; the Hon. George A. Dupuy, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1907.
1Opinion of the CourtJustice Freeman
It is contended that by consenting to the operation of the street railway so far as it was built, and by receiving the license fees and percentage of receipts, the city accepted the partial performance of the company, waived the right to retain the $2,500 and could only recoup any damages, it may have suffered from the failure of the railway company to construct the unbuilt portion of the railway.
It is no doubt true that a city can by its acts waive the right reserved in an ordinance of forfeiting the franchise. It has not, however, sought in this case to forfeit the franchise, and no…
2Cases cited5 opinions
- Palmer v. Meriden Britannia Co.Illinois Supreme Court · 1900
- Wiley v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1890
- Sykes v. City of St. CloudSupreme Court of Minnesota · 1895
- Joplin Waterworks Co. v. City of JoplinSupreme Court of Missouri · 1903
- Palmer v. Meriden Britannia Co.Appellate Court of Illinois · 1899