City of Clay Center v. Clay Center Light & Power Co.

Citations

• 78 Kan. 390
• 97 P. 377
• 1908 Kan. LEXIS 68

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. CONTRACTS — Legality—Specific Performance. A provision in a contract which is contrary to law can not be enforced in an action for specific performance.</p> <p>2. - Franchise■ — Duration—■Statutory Authority of the City. On April 22, 1886, the mayor and council of a city of the second class could not, under the authority of section 1000 of the General Statutes of 1901, bind the city in an ordinance granting a franchise to an electric-light company to extend such franchise beyond the period of twenty-one years.</p> <p>3. - Provision to Extend Franchise or Purchase Plant Invalid. An ordinance granting a franchise, as before stated, containing a provision compelling the city to purchase the electric-light plant at the expiration of twenty-one years in case of refusal to extend the franchise, is contrary to law and void.</p>