Meador v. Northwestern Gas & Elec. Co.

• Decision Date: 27 September 1909
• Citation: 103 P. 1107,55 Wash. 47
• Court: Washington Supreme Court
• Parties: MEADOR v. NORTHWESTERN GAS & ELECTRIC CO.

103 P. 1107

55 Wash. 47

MEADOR v. NORTHWESTERN GAS & ELECTRIC CO.

Supreme Court of Washington

September 27, 1909

Department 1. Appeal from Superior Court, Walla Walla County; Thos. H Brents, Judge.

Action by Lincoln Meador against the Northwestern Gas & Electric Company, a corporation. Judgment for plaintiff, and defendant appeals. Affirmed.

Cary M Rader and Elihu F. Barker, for appellant.

Oscar Cain and J. C. Hurspool, for respondent.

FULLERTON J.

The appellant, the owner and operator of an interurban electric railway, and the respondent, who owned an amusement park on the line of the railway, entered into the following written agreement and supplemental agreement:

'This contract, entered into in duplicate this third day of June 1908, by and between the Northwestern Gas & Electric Company, a Washington corporation, doing business in Washington and Oregon, party of the first part, and L Meador, of Walla Walla, Washington, party of the second part. Whereas, the party of the first part is operating a street railway system between Walla Walla, Washington, and Milton, Oregon, and will be benefited by having an amusement park at the Walla Walla river, where the line crosses the same, and the party of the second part is equipping and furnishing a park, known as Meador Park, near where the railway line of the party of the first part crosses the Walla Walla river, and is desirous of securing music for the park amusement for the months of June, July, and August, 1908: Now, be it agreed as follows: That the party of the first part will pay to the party of the second part the sum of one thousand ($1,000.00) dollars for each of the months of June, July, and August, payment to be made on or before the 10th of each month for the amount earned during the preceding month, and the party of the second part agrees to keep the place well lighted and furnished for the months of June, July, and August, the Walla Walla Band, the same to consist of not less than twenty pieces, $5.00 for leader and $2.50 each man for concerts for at least two concerts on separate days each week; further to furnish Frederick Runkle's Colonial Orchestra, of not less than eight pieces, or some other band of an equal number of pieces, to be approved by the first party, for the months of June, July, and August, said band to furnish music for one concert or dance daily and two on Sunday. First party to stop all cars going each way at station now in use near said park. The said party of the second part shall keep all the amusements now installed in Meador Park, or which may hereafter be installed therein, including the shutes and dance pavilion, going during the life of this contract. It is further agreed that the party of the first part shall furnish the party or parties of the second part lights on the following basis: Fifty (50c.) cents per sixteen candle power lamp used for each month and power at five ($5.00) dollars per horse power for each horse power used for each month. This clause referring to payment for lights to apply only to the month of June. It being understood that a further agreement regarding the lighting is to be made for the balance of the season. The failure of the party of the second part to keep and perform the provisions herein set forth by said party will cancel this agreement, and all obligations on the party of the first part shall cease and this agreement become void. This agreement shall be binding upon the parties hereto, their heirs or assigns, and shall be in lieu of all former contracts between the parties hereto.'

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