City of Baxter Springs v. Baxter Springs Light & Power Co.

Citations

• 64 Kan. 591
• 68 P. 63
• 1902 Kan. LEXIS 250

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. City ahd City Oeeicers— Contract tvith Light Company. An ordinance of a city, duly passed and published, conferring certain privileges and imposing certain duties upon an electric light company which under the charter of the city it had power to confer, the terms of which ordinance were accepted by the company as therein provided, constitutes a contract between the city and such company, binding upon both.</p> <p>2. -Proof of Acceptance by Light Company. To show its acceptance of the terms of such ordinance, the company may introduce a written receipt, signed by the city clerk, that a written acceptance of the terms thereof had been left with him, the ordinance itself providing that the company should file with the clerk of the city a written acceptance of the terms thereof within a given time.</p> <p>3. -Designation, of Number and Location of Lights not a Contract. Such ordinance provided that the company should furnish at a price therein named as many lights as the city might order, to be located where it should order, within certain limits. Ilelcl, that such order need not be expressed in the form of an ordinance, although the charter of the city provides that it can only contract by ordinance, the mere designation of number and location of lamps not being a contract.</p> <p>4. -Estoppel Applies to Municipalities. An infirmity in an executory contract which might be taken advantage of by its repudiation before execution will not avail to excuse from payment for benefits received thereunder after execution. This rule applies to a municipality as well as to an individual.</p> <p>5. - Contract — Oral Evidence. It is competent to show the acts of the parties to a. contract ambiguous in its terms, as tending to explain their understanding thereof.</p>