City of Moline v. Moline Drilling & Developing Co.

Citations

• 89 Kan. 670
• 131 P. 1189
• 1913 Kan. LEXIS 95

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cities — Third Class — Authority to Contract for and to Fix Charges for Gas. The municipal authorities of a city of the third class had authority in October, 1902, to contract with a gas distributing company to furnish gas to the city and its inhabitants, and to fix all charges therefor. (Laws 1897, ch. 82, § 2, Gen. Stat. 1901, § 654.)</p> <p>2.. City Ordinance — Rates for. Gas — Acceptance by the Company —Estoppel. A formal acceptance of the terms of the ordinance containing such a contract is not necessary to bind the company where the facts show an actual practical acceptance The company enjoyed all the privileges granted for a term of years during which its charges were made in conformity with the prescribed rates. Having taken the benefits of the grant the company must observe its conditions.</p>