Western Electric Co. v. City of Jamestown
North Dakota Supreme Court
Action, in District Court, Stutsman County, Nuessle, J., to recover for. electric current furnished for street lighting, for city water pumps, and for a library and reading room. The defendant has appealed from a judgment of dismissal in favor of the city. “To constitute a tenancy from month to month a special agreement to that effect may be made, or the tenancy may be implied from the manner in which the rent is paid.
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Action, in District Court, Stutsman County, Nuessle, J., to recover for. electric current furnished for street lighting, for city water pumps, and for a library and reading room. The defendant has appealed from a judgment of dismissal in favor of the city. “To constitute a tenancy from month to month a special agreement to that effect may be made, or the tenancy may be implied from the manner in which the rent is paid. Thus a lease for an indefinite term, with monthly rent reserved, creates a tenancy from month to month.” 24 Cyc. 1034; Blumenberg v. Myres (Cal.) 91 Am. Dec. 560; Oregon & W.…
1Opinion of the Court
Statement.
Bronson, J.
This is an action to recover for electric current furnished the city. The action was tried to the court without a jury. The plaintiff has appealed from a judgment of dismissal in favor of the city. This same action, upon a demurrer to the complaint, was previously before this court. 43 N. D. 437, 175 N. W. 622. In its amended complaint the plaintiff seeks to recover for a first cause of action, the reasonable value of electric current furnished to the city for lighting its streets and public places between February 1, 1918 and July 31, 1918, amounting to $253; for a…
2Cases cited17 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Russell v. SebastianSupreme Court of the United States · 1914
- Illinois v. Illinois Central RailroadSupreme Court of the United States · 1902
- Ghee v. . Northern Union Gas Co.New York Court of Appeals · 1899
- Mill Creek Coal & Coke Co. v. Public Service CommissionWest Virginia Supreme Court · 1919
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3Cited by5 opinions
- Chrysler Light & Power Co. v. City of BelfieldNorth Dakota Supreme Court · 1929
- Thomas v. McHughNorth Dakota Supreme Court · 1934
- Public Service Commission v. City of WillistonNorth Dakota Supreme Court · 1968
- Capital Electric Cooperative, Inc. v. City of BismarckNorth Dakota Supreme Court · 2007
- City of Grafton v. Otter Tail Power CompanyNorth Dakota Supreme Court · 1957