Lake Charles Ice, Light & Waterworks Co. v. City of Lake Charles

Citations

• 106 La. 65

Syllabus

<p>Syllabus.</p> <p>1. Ultra, vires is defendant’s principal ground of defense in an action for .the water and light supplied under a contract of lease.</p> <p>2. A special tax was assessed to meet the expense in part. As to the remainder, which was not provided for by this tax, budgets were adopted looking to the setting aside of a special fund to meet the instalments as they fell due.</p> <p>3. In so far as the tax-payers have paid this tax and in so far as they have paid in accordance with the requirements of the budget, the defendant is bound to remit to the plaintiff by whom it has been earned.</p> <p>4. The first act of incorporation, viz: the charter of 1807, was a legal charter, and the municipal officers acting under the authority conferred were, at . least, officers de facto, with power enough to incur liability and bind the municipality by contract as lessee to secure light and water.</p> <p>5. The amendment of the charter of 1867, though illegal, did not have the effect of placing the city in a situation to deny its indebtedness to its servants. The municipality had implied power to contract as lessee for light and water.</p> <p>6. The last statute, amending the act of incorporation of 1867, looked to the payment of amounts earned by employes of the city by giving original life and vitality to the original charter which had never been repealed and by reinstating, as far as possible, the municipality in all its rights, and including corresponding liability in its terms, to the extent that the legislative will could thus bind municipal'action.</p> <p>7. The taxes not collected, which the defendant company had substantially agreed to receive in part payment and which the city was unable to collect because of errors of form in manner of attempting to enlarge her limits, are deducted from plaintiff’s claim.</p>