State v. Mountain Spring Co.

Citations

• 56 Wash. 176
• 105 P. 243
• 1909 Wash. LEXIS 868

Syllabus

<p>Waters — Water Companies — Franchise — Compelling Public-Service — Defenses—Default of City. The failure of a city to pay hydrant rental, through its inability to do so for the time being,, stipulated for in a water company’s franchise, is not a defense to an action by the state on behalf of the citizens to compel the water-company to furnish water to the citizens pursuant to the obligations, of the franchise, where the company had not abandoned its franchise or vacated the streets.</p> <p>Same — Estoppel. In an action to compel a water company to-, supply water to citizens, the company is estopped to plead the indivisibility of the contract and to set up the default of the city to pay hydrant rentals, where, after determination that' the city was. powerless to pay the rentals, the company elected to proceed with that part of the contract eliminated and was claiming benefits under-its franchise.</p>