Pensacola Gas Co. v. Provisional Municipality

Citations

• 33 Fla. 322

Syllabus

<p>t. The right to supply a city and its inhabitants with gas by the use of pipes laid in the public streets is a franchise, and the service performed as a consideration for the grant of such a fran- ■ chise is of a public nature. Where the power to grant such a franchise is conferred upon a municipal corporation it be-i longs to those held in trust for the public, and such grants from the city should be strictly construed as against the grantees.</p> <p>; 2. The contract as it exists between the municipality of Pensacola and the Pensacola Gas Company, and contained in an ordinance passed by the city of Pensacola in November, 1882, an agree- ■ ment entered into between the provisional municipality and ' the gas company in August, 1885, and an'ordinance passed by 'i the provisional municipality in May, 1891, all of which are set ■ out in the record in this cause, construed to impose upon the .■ gas company the duty of supplying the municipality with gas for public purposes as the public necessities require, and also ? to furnish the necessary pipes for conducting the gas to be supplied, and to erect the necessary street lamps with the burners specified, and light, clean and extinguish them for the period mentioned in the said contract, upon a compliance with the terms thereof on the part of the municipality.</p> <p>' 3. The enforcement of the specific execution of a contract in a court of equity is not a matter of strict legal right, but rests in the sound discretion of the court.</p> <p>• -4. It is incumbent upon him who seeks in a court of equity the specific enforcement of a contract to show that he has done, or offered to do, or is then ready and willing to do, all the essential and material acts required of him by the agreement at the time of commencing his suit, and also that he is ready and willing to do all such acts as shall be required of him in the specific execution of the contract according to its terms.</p>