Sunset Shingle Co. v. Northwest Electric & Water Works

Citations

• 118 Wash. 416
• 203 P. 978
• 1922 Wash. LEXIS 678

Syllabus

<p>Electricity (1, 3) — Statutory Control — Contracts foe Power and Light — Validity—Discriminations. A contract by a public service corporation to furnish power for driving mill machinery, electric light for the mill plant, steam heat for its dry kilns, and make repairs to its machinery, in consideration for the -transfer by the mill company of its steam plant which was to be used for generating electricity, does not constitute a public service contract, the contract being one for private service, before the dedication of any service to the public.</p> <p>Contracts (4) — Mutuality of Obligations. A contract whereby a mill company transfers its steam plant to an electric company, for which it is to supply fuel in return for electric power and light, cannot be said to be void for want of mutuality because of the possibility of the mill company’s ceasing to operate its plant at pleasure, where the contract also provides that, in case of a “shut down” of the mill, the electric company shall have the use of its saws and conveyors for the purpose of supplying necessary fuel.</p> <p>Electricity (1, 3) — Statutory Control — Contracts for Power— Validity. In a contract calling for the furnishing of fuel to operate a steam plant for the generation of electricity in exchange for electric light and power so generated, a provision that the parties shall render monthly bills to one another for such services, charging an equal amount therefor, is not an admission by the parties that the furnishing of the electricity is a public service, but shows rather the intent of the parties that the contract should not fall within the regulatory provisions of the public service statutes.</p> <p>Damages (72, 74) — Breach of Contract — Measure — Expense Incurred — Loss of Profits. Under a contract to furnish electricity and steam for a term of thirty-five years, which was breached a few years after it was entered into, the proper measure of damages is the expense of replacing the lost service,