Jenkins v. Columbia Land & Improvement Co.

Citations

• 13 Wash. 502
• 43 P. 328
• 1896 Wash. LEXIS 77

Syllabus

<p>INJUNCTION — CUTTING OFF WATER SUPPLY — ASSIGNMENT BY CITY OF ' CONTRACT FOR SUPPLY — PARTIES—ERRORS NOT RAISED BELOW.</p> <p>The cutting off of a water supply for an electric light plant, which the water company is bound under its franchise to furnish, may be enjoined, especially when there is no other supply of water available.</p> <p>It will be presumed in aid of the jurisdiction to enjoin the cutting off of a water supply by a company having a franchise to supply water for the use of a city and its inhabitants, that no other company has such a franchise, even in the absence of an allegation to that effect.</p> <p>A defect of parties plaintiff is not ground for reversal where there is nothing in the record to show that relief upon that ground was sought below.</p> <p>The assignability of a contract for water supply between a water company and a city is not affected by reason of the fact that it had been agreed between the parties that the water rent should not be paid until the end of each month, as no relation of trust and confidence depriving the contract of its assignable character is involved in such a provision.</p> <p>The obligation of a water company to furnish water supply at a stipulated price, for the electric light plant of a city, under a provision of its franchise, is not extinguished by the lease of such plant by the city.</p> <p>(Gobdon, J., dissents).</p>