City of Palatka v. Palatka Water Works

Citations

• 68 Fla. 525

Syllabus

<p>1. When the sole consideration for a contract to pay hydrant rentals, for hydrants not used, between a municipality and a water works company is the furnishing through the system “of a full and reliable supply of water for fire protection and other purposes,” the municipality may plead in an action for these rentals, that the company did not furnish through the system “a full and reliable supply of water for fire and other purposes.”</p> <p>% If the donee of a franchise from a municipality provides a loose test for its continuing obligation to pay hydrant rentals, the municipality may be pardoned for the use of general language in pleading the breach of this duty. ■</p>