Loyalton Electric Light Co. v. California Pine Box & Lumber Co.

This is an appeal from a judgment entered for defendant upon sustaining a demurrer to plaintiff’s amended complaint, plaintiff having refused to further amend.

The action is for damages for a breach of a contract set forth in the complaint and entered into between defendant and the Plumas Box and Lumber Company, which has assigned its rights under said contract to plaintiff.

The defendant is the owner of a box factory, while plaintiff owns and operates an electric light plant. The contract sued upon in plain language expressly obligates defendant: 1. To employ a fireman to keep up steam, and to. permit appellant to use such steam; 2. To permit appellant to use a portion of the room in respondent’s powerhouse; 3. To permit appellant to erect and maintain poles and wires over the lands of respondent; and 4, To permit appellant “to use for fuel any refuse of the box factory which the first party” (respondent) “may not require for generating steam for its own purpose.”

It expressly obligates appellant: 1. To supply itself with any additional labor or fuel which it may need for the purpose of generating steam; and 2. To furnish respondent with such electric lights as it may require…