13 Wash. 502 | Wash. | 1896
Lead Opinion
The opinion of the court was delivered by
The appellant is a corporation organized for the purpose of supplying the city of Vancouver and its inhabitants with water. At the time the ordinance, which granted the franchise under which it is operating, was passed, the city was the owner of a certain electric light plant, and said ordinance contained a condition requiring the appellant to furnish water for the electric light stations of the
The appellant demurred to the complaint, and upon such complaint and certain statements of fact agreed upon, in some degreee explaining it, the cause was submitted to the trial court, and a decree, substantially as prayed for, in favor of the plaintiffs, made and entered.
Appellant claims that such decree was erroneous, for two reasons: (1) that the plaintiffs had an adequate remedy at law, and for that reason could not ask the interposition of a court of equity; and, (2) that the conditions of the ordinance as to the amount to be charged for water for the electric light stations of the city, when accepted by the appellant, amounted to a contract between it and the city, and that such contract could not be assigned by the city without the consent of the appellant.
• For the purposes of determining the first question, it must be assumed that the plaintiffs were entitled to have the pipe between the electric light station and
The case of Young v. Boston, 104 Mass. 95, though decided upon facts differing from those in the case at bar, in our opinion decided principles the application of which will sustain the jurisdiction assumed by the superior court.
Connected with the question of the assignability of the contract between appellant and the city was one as to the proper parties plaintiff. It is claimed that, if the lease to the plaintiffs should be so construed
It is not necessary to say more as to the assignability
There was a suggestion in the brief that the appellant offered to furnish the water for fifteen dollars a month, and that for that reason there was an adequate remedy for the violation of the contract by an action at law. For the plaintiffs to avail themselves of the offer to furnish water at fifteen dollars a month and rely upon an action for damages to recover the difference between the rent per month demanded and that to which the appellant was entitled, would lead to such a multiplicity of suits that the remedy thus furnished would be in no sense an adequate one.
The facts disclosed by the record authorized the court to enter the decree appealed from, and it will be in all things affirmed.
Dunbar, Anders and Scott, JJ., concur.
Dissenting Opinion
(dissenting).—I feel constrained to dissent from the conclusion reached by the majority in the foregoing opinion. The complaint in the action, after alleging that the defendant, a corporation, ob
“ Sec. 3. The said company its successors and assigns in consideration of said grant shall also during its continuance furnish water sufficient to supply the electric light stations of the city at a rate not to exceed five dollars per month for each station,” etc.
And it was stipulated in the court below:
“ That unless defendant [appellant] is bound to furnish to plaintiffs [respondents] water for $5 per month, then $15 is a reasonable price therefor.”
In my opinion the interpretation to be given to that section of the ordinance above quoted is that the reduced rate of $5 per month was to apply only to electric light stations of the city, that is, plants owned and operated by the city as distinguished from light plants operated by private firms or corporations for a profit. It seems to me that the city could not have been concerned in having water furnished to a particular party at a reduced rate, but it was contracting so as to keep down the cost and expense of its own business, which it was then conducting.
After the city leased its plant to the respondents the electric light stations were no longer “ electric light stations of the city.” within the meaning of those words as expressed in the ordinance.