Town of Castle Rock v. Furth

Citations

• 78 Wash. 47
• 138 P. 317
• 1914 Wash. LEXIS 1106

Syllabus

<p>Municipal Corporations — Powers—Bond to Secure Franchises. Rem. & Bal. Code, § 7755 et seq., expressly authorizes towns to require a bond to secure the performance of conditions and terms of franchises to furnish the town with electric lights.</p> <p>Statutes — Title and Subjects. The title to the Laws of 1907, p. 564, giving cities and towns of the second, third and fourth class certain “additional powers” is not invalid as embracing more than one subject.</p> <p>Electricity — Franchises — Revocation — Rescission—Action on Bond. The revocation of a franchise to furnish a town with electric lights, upon a total failure to perform any of its conditions and terms, is not such a rescission of the contract as to defeat the town’s right to recover on a bond given to secure performance of the conditions.</p> <p>Same — Action on Bond — Tender ok Contract. Recovery on a bond to secure performance of the conditions of franchises to furnish the town with electric lights is not defeated by the failure of the town to tender a contract contemplated, where default had prevented all possibility of such a contract before the time for entering into it had arrived.</p> <p>Same — Franchises — Electric Lights — Rates — Certainty. A franchise for furnishing a town with electric lights is sufficiently specific as to rates to enable the city to require performance, where it fixes a nionthly maximum charge for lights of specified power, with a certain number to be furnished free.</p> <p>Same — Franchises—Performance—Action on Bond — Damages— Evidence — Sufficiency. The evidence sustains a judgment for $500 on a bond to secure the performance of conditions and terms of a franchise for furnishing a town with electric light, where there was a total failure to comply with the terms of the franchise, which was thereupon revoked, and the town in securing lights elsewhere, entered into a contract costing the town for such light, in the aggregate, much more than $500 in excess of what would hav