Pleading—Demurrer—Joinder of Causes—Legal and Equitable Relief.—Where both legal and equitable relief are sought in the same pleading, but the right to such relief is based upon the same facts, a demurrer upon the ground that several causes of action are improperly joined and that they are not separately stated cannot be sustained.

Id.—Specific Performance of Contract — Accounting—Damages — Special Demurrer.—Where a complaint sets forth a contract between the plaintiff and the defendant, of which it seeks a specific performance, together with an accounting, and damages for breach of the contract, and for general relief, it is not demurrable for misjoinder of causes of action, nor for uncertainty in not separately stating and numbering several causes of action.

Id.—Parties—Trustees Appointed under Contract.—Where trustees are appointed under a contract to control and operate certain properties for the use and benefit of the respective parties to the contract, such trustees are simply the agents or instruments of the parties to the contract, and have no interest in the controversy in any legal sense, and are not required to be joined as parties defendant in an action for a specific performance of the contract, and for an accounting under it, and for damages for its breach.

•Id,—Validity of Contract—Appointment of Trustees by Corporations.—Where a flume company made a contract with a water company which it constituted its sole agent for the exclusive sale of its water within the corporate limits of a city, and the two corporations appointed two trustees consisting of the presidents of both corporations, to whom were given the control of the properties of the corporations within the city, to operate and control the same for the use and benefit of the respective parties thereto, without giving to the trustees any power or authority over the sale of the water, such contract is not ultra vires, nor against public policy, upon the ground that it takes the management of the affairs of the two corporations from their respective boards of directors, and transfers them to the trustees.

Id.—Contract for Sale of Water in City Limits—Exclusive Agency of One Corporation for Another—Public Policy—Monopoly.—A contract making a water company the exclusive agent of a flume company for the sale and distribution of water within the corporate limits of a city to consumers of water, all sales of water being subject to the approval of the flume company, is not illegal, nor beyond the powers of either of the corporations; nor is such contract against public policy, as being a combination between the corporations for the purpose of creating a monopoly for the sale of water to the city and its inhabitants, nor as injuriously affecting the interests of the city or its inhabitants.

Id. — Prevention of Competition Between Corporations — Common Supply of Water to City.—A contract between corporations for a common supply of a city and its inhabitants with water through one distributing system at reasonable rates, whereby the interest of the' city is furthered in that its streets are not subjected to the burden of laying and keeping in repair an additional system of mains and pipes, is not an unreasonable restriction of competition between the parties; nor does public policy condemn or prohibit an arrangement intended to prevent a competition between corporations which would result in the financial ruin of one or both of them, and which could not in any event bejnefit the city or its inhabitants.

Id.—Rates for Sale of Water.—Where water can be supplied more cheaply through one distributing plant by two corporations, the governing body of the city in whom is vested the power to fix water rates is bound to take that fact into consideration, as well as all other facts which enable it to fix reasonable rates and award a just compensation, and an agreement between such corporations for a common supply through one distributing plant cannot increase the rate of compensation to be paid by the city or its inhabitants for the water supplied.

Id.—Partnership Between Corporations—Limited Agency—Compensation.—The agreement between the flume company and the water company making the latter an exclusive agent for the sale and distribution of water in the city limits, and providing for a distribution of profits, does not create a partnership between the two corporations; but only a limited agency with a mode provided of determining the compensation to be received by the flume company for the water furnished by it to the water company.