The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-09-27

is part Of the consideration for tho payment
OF sixteen thousand dollars year. The con.
tract Is silent upon this point; but this con.
stEuSiaen seems el @ necessary e cary oht its
The, other question ratsed by the pleadings
ia ne e the rla;as:ss Tiisas ii general 10 relief
and SPECIALLY to the relief prayed for.
The. intcrference by injunction "rests on
the principle of a clear and certain right to
the enjoyment of the subject in question, and
an in]urious.inlerruption of that right, which
on just and equitable grounds ought to be
prevented" (Hilliard on injupctions, 12.)
Tho plaintiffs having complied with the con-
ditlon precedent by building such parts of the
new works as they wero required to do by
their contract, and having entered upon its
performance by furnishing the city with the
particular water specified in their argument,
their machinery and works being sufficient to
enable them to carry out tle full provisions
thereof, the defendant interfcred, by cutting
off the plaintiffs from access to tho supply Of
water which they were required to furnish by
preventing plaintiffs communication with the
distributing reservoir, and in continuing 10
use the old steam power, thereby endanger.
ing the safety Of the pipes
Under this state Of facts 7 am Of the
opinion that the plaintiffs are entitled to the
relief prayed for IL their complaint. I find
rs matters Of fact-
!. That the contract referred TO in the
plcadngs was duly executed between Pcarcc
and Sprague and the defendant
9 That said contrac. was by Pearco and
Spraguc assigned to the plaintiffs for a valua-
blc considerations
;. That the plaintiffs had constructed such
parts of the new Water Works as their con-
tract required, prior to the 2lst Of November,
1872, and were then and ever since have been
prepared to supply the city with water, ac-
cording to the terms Of their contract
H. That the plaintiffs have in good faith
complied with the provisions os their agree
nent.
find as matters Of law:
L. That the contract was assig:iaDlc
2 That time was not Of the essence Of this
contract, and that the completion OF the works
prior to the 2lst Of November, 1872. was a
legal compliance with its provisions
8 That under their contract the plaintiffs
are cntitlcd to use all such parts Of the old
works as arc necessary to the forcing tho re.
4uired supply Of water into the distributing
| reservoir
1t is therefore ordered and adiut!sed:
l. That tho temporary injunction heretofore
granted in this cause, be now made perma-
ncnt.
2. That the defendant is hereby enjoincd
from appropriating the moneys arising from
the water rents for any purpose other than
payment to tho plaintiffs according to the
terms Of their contract
B. Tha; the defendant pay to the plaintiffs
the sum Of twelve thousand C2,0oO) dollars
within ninety days from the finding Of this
Judgment, with interest on four thousand
$4,000 dollars from the 2lst day Of February,
1873, with interest on four thousand (4,00o)
dollars from the 2lst day Of May, 1873 and
with interest OIL four thousand $4,000 dollars
from the 2lst day Of August, 1878.
4. That the defendant pay the costs Of this
suit. .R. d. CArpESrER.
SEPTEMBER G. lS72