Illinois Trust & Savings Bank v. City of Burlington

Citations

• 79 Kan. 797
• 101 P. 649
• 1909 Kan. LEXIS 284

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Elections—Extension of Water-mains—Vote Required. A provision in, a city ordinance that a water-works „ company shall extend the water-mains “when requested to do so by a majority of all votes cast at any general or special election at which the proposition of such extension shall have been submitted to the people” means that the company is not required to make an extension unless a.majority of all those voting on any proposition at such election vote in favor of the extension.</p> <p>'2. Contracts—Modification—Authority of Agent of a Corporation. The power to make agreements modifying the franchise and contract made between the water-works company and the city is not incidental to the office of secretary of the company or of superintendent of the water-plant, and an agreement of that kind, if made by such officer, is not binding on the company in the absence of evidence of authority to make it or of ratification by the company.</p> <p>:3. --• Forfeiture—Estoppel—Contract Executed by a Receiver for One Party. The water-works company shut down the plant on the alleged ground that the earnings were insufficient to meet operating expenses, and a receiver for the company was appointed, with the consent of the city, who proceeded to operate the plant and to supply water to the city. Held, that the receiver was in a sense a trustee for the city and the company, and the city was not in a position to insist on a forfeiture for the non-supply of water while it was receiving water from the receiver, nor to claim damages from the company as if no water had been furnished.</p> <p>4. Damages—Liquidated. Where damages provided for in a contract are uncertain' in their nature and can not well be ascertained by any pecuniary standard, and where the parties themselves, understanding the peculiar circumstances surrounding the transaction, are better able to estimate the loss that may be sustained by delay or failure of performance, they are permitt