Auchmoody v. City of Manhattan Beach

CONREY, P. J.

From the year 1908, and at all times thereafter to and including the time of the transactions covered by this action, the plaintiff was the owner of a tract of land, containing about twelve acres, within the city of Manhattan Beach, a municipal corporation of the sixth class. During more than four years immediately preceding July, 1914, the Hermosa Beach Water Company, a public utility corporation, was engaged in furnishing water through a distributing system established by it, supplying practically all of the consumers of water within the corporate limits of defendant city, together with consumers situated outside of said city. During all of that time, and until the first day of July, 1914, the plaintiff received from the water company an adequate supply of water for domestic, agricultural, and horticultural needs upon said property. Plaintiff had improved her lands by setting out thereon eight acres of various kinds of orchard trees, as well as annual crops of

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agricultural and garden products. On the first day of July, 1914, these trees were in normal growing condition.

Prior to the first day of July, 1914, the defendant was authorized to and did construct and install a municipal water system for the purpose of furnishing an adequate supply of water for domestic, agricultural, and horticultural needs to practically all water consumers, including the plaintiff, within the corporate limits of the .city, and, with the approval of the Railroad Commission of the state of California, entered into a contract in writing with the water, company whereby the defendant assumed the service of said consumers situated within its corporate limits, including the plaintiff, commencing with the first day of July, 1914, at which time it was agreed that-the water company should withdraw from the city of Manhattan Beach and discontinue the service of water to any of said consumers. By. the terms of that contract the city obtained the right to purchase water from the company at wholesale “through the capacity” of mains then owned by the company delivering water to the city limits, such water to be furnished at a price stated in the contract. The city intended to obtain its primary source of water supply from a well put down by the city within the corporate limits. The contract right to purchase from the water company was relied upon to furnish a secondary supply to the extent that it should be needed by the city.