Los Angeles Water Co. v. Los Angeles City

This is an appeal from a judgment rendered in favor of the ■ defendant, in an action brought to recover $2,500 for water al *177 leged to have been furnished by the plaintiff to the defendant for sprinkling its streets.

The defendant leased the Los Angeles Water Works to the plaintiff, “ for the sale or delivery of water to the inhabitants of said city for domestic purposes,” upon certain conditions, which it agreed to perform. The defendant agreed to lay down pipes of sufficient capacity to supply the inhabitants of the city with water for domestic purposes, and, within two years after the date of the contract, to erect such machinery in connection with the 'water-works as would secure to the inhabitants of said city a constant supply of water for domestic purposes. The plaintiff further agreed to furnish water for the public schools, city hospitals, and jails, free of charge. And said contract contained the following proviso and stipulation: “ Provided always, that the rights and privileges by these presents conceded to said parties of the second part do not embrace to any extent, or have any reference to, the water-works of said city, used for the distribution of water for the…