Commonwealth v. Central District Telephone Co.
Supreme Court of Pennsylvania
Appeal, No. 276, Oct. T., 1913, by plaintiff, from judgment of C. P. Allegheny Co., July T., 1913, No. 300, refusing a mandamus in case of Commonwealth of Pennsylvania, ex rel. Mary McIver v. Central District Telephone Company. Petition for a mandamus. Before Davis, J. The opinion of the Supreme Court states the facts. The court below overruled relator’s demurrer to the answer and entered final judgment against her. Error assigned was the decree of the court.
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Appeal, No. 276, Oct. T., 1913, by plaintiff, from judgment of C. P. Allegheny Co., July T., 1913, No. 300, refusing a mandamus in case of Commonwealth of Pennsylvania, ex rel. Mary McIver v. Central District Telephone Company. Petition for a mandamus. Before Davis, J. The opinion of the Supreme Court states the facts. The court below overruled relator’s demurrer to the answer and entered final judgment against her. Error assigned was the decree of the court. Where two or more persons enter into a contract of a continuing nature, without reservation of a power to put an end to the contract by…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
This case came before the court on petition for mandamus, answer and demurrer; the demurrer was over*588ruled and final judgment entered against the relator, who has appealed.
The petition avers a written agreement between the relator and the respondent telephone company, under which the latter rendered service from 1904' to 1913, when it terminated the contract and disconnected the line; this action of the respondent was alleged to be a violation of its contractual obligations and an unreasonable discrimination against the relator; and the court was asked to…
2Cases cited1 opinion
- McCullough-Dalzell Crucible Co. v. Philadelphia Co.Supreme Court of Pennsylvania · 1909
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- Rodin v. State Ex Rel. City of CheyenneWyoming Supreme Court · 1966
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- Hess v. Iowa Light, Heat & Power Co.Supreme Court of Iowa · 1928
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