Meridian Waterworks Co. v. City of Meridian

Citations

• 85 Miss. 515

Syllabus

<p>1. Municipalities. Contracts. Water supply. Estoppel. Laws 1886, ch. 335, p. 589. Rescission of contract.</p> <p>Where a city, acting under a statute (Daws 1886, ch. 325, p. 589), empowering it to contract alone for pure and wholesome water, contracted with a water company for a supply of such water, it is not estopped to complain:</p> <p>(а) That the specific water furnished by the company after its plant had been put in operation was not pure and wholesome, although, pending the negotiations which' led to the contract, the city accepted samples of the water which the company proposed to furnish, and the water furnished was like the samples; nor</p> <p>(б) That the water company used a reservoir from which the city was furnished impure and unwholesome water, although the contract contemplated that the water should be furnished from a reservoir of the kind so used.</p> <p>3. Same. Pure and loholesome %vater.</p> <p>A contract requiring the party contracted with to furnish “pure and wholesome water” certainly required the water to be furnished to be reasonably pure and wholesome, whether it was required to be perfectly pure or not.</p> <p>3. Sam:e. Eire protection.</p> <p>Where a contract to supply a city with water required the party contracted with to furnish' first-class fire protection, the fact that the different sizes of pipe that might be used in constructing the plant were mentioned in the contract did not limit the obligation of the party contracted with to furnish first-class fire protection, nor preclude the city from complaining that the pipes actually laid in pursuance of the contract did not afford first-class protection.</p> <p>4. Same. Extensions of plant.</p> <p>Where a city had instituted proceedings to cancel a contract with a water company, the former’s act in allowing or even in ordering additions and improvements to be made after suit was brought did not estop it from prosecuting the proceedings; but the water company, in making improvements