77 Fla. 523 | Fla. | 1919
— In a bill of complaint against the Miami Gas Company brought by L. T. Highleyman, Frank
Relief by injunction was prayed.
A demurrer to the bill of complaint was overruled.
By answer the defendant gas company avers “that it has given notice that on and after November 1st, 1917, it will charge to each present and future consumer of gas within the City of Miami, as hereinafter ■ limited, the monthly sum of fifty cents for rental, repairs, inspection ar:d care of its meters and appliances, but denies that said charge does in any way increase the price of gas per thousand cubic feet, above the contract price; admits that it will refuse to furnish gas to any present or future consumers, as hereinafter limited, who refuse to pay the rental charge mentiontd in the 8th paragraph of this answer, but denies that it is a further charge on gas consumed or that it directly or indirectly increases the price of gas consumed, above the contract price.”
The answer also sets up facts designed to show that because of the greatly advanced prices of labor and material the stated charge for meter rentals is a proper one to avoid financial ruin to the defendant.
An injuntcion was granted and the gas company appealed and assigns error on the overruling of the demurrer to the bill of complaint and the granting of the injunction as prayed.
The contract with the city was made for. the benefit of its residents, including complainants, and they are proper parties to enforce their rights thereunder, being the real parties in interest. See page 8 on Contracts, Sec.
It is clear from the allegations in the bill of complaint that the remedy at law, if any, is inadequate. An unlawful interruption of the service would cause irreparable in-injury to consumers. See Gainesville Gas & Electric Power Co. v. City of Gainesville, 63 Fla. 425, 58 South. Rep. 785; Pensacola & Georgia R. Co. v. Spratt, 12 Fla. 26.
The bill of complaint and the answer show a breach of the franchise contract by the defendant gas company. It is manifest that the contract contemplated the furnishing of the meter .service as part of the undertaking to furnish gas to consumers and that the contact charge for gas covered the meter service, the privilege of rendering the service being a franchise carrying exclusive rights. If the changed conditions cause the coutract to work a, hardship on the defendant, the courts may not for that reason decline to enforce the rights of parties under the contract voluntarily entered into by the defendant. See Columbus Ry. &c. Co. v. City of Columbus, 249 U. S. 399, 39 Sup. Ct. Rep. 349; Muscatine L. Co. v. City of Muscatine, 256 Fed. 929.
Order affirmed'.