Philadelphia Co. v. United Gas Improvement Co.
Supreme Court of Pennsylvania
Appeal, No. 501, Jan. T., 1896, by plaintiff, from order of C. P. No. 2, Phila. Co., Sept T., 1891, No. 297, overruling exceptions to referee’s report. Assumpsit to recover #46,520.20 for natural gas. Exceptions to referee’s report. By agreement of the parties the case was referred to W. Wynne Wister, Jr., Esq.
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Appeal, No. 501, Jan. T., 1896, by plaintiff, from order of C. P. No. 2, Phila. Co., Sept T., 1891, No. 297, overruling exceptions to referee’s report. Assumpsit to recover #46,520.20 for natural gas. Exceptions to referee’s report. By agreement of the parties the case was referred to W. Wynne Wister, Jr., Esq. The referee’s findings of fact were as follows: The plaintiff is a company incorporated under the laws of Pennsylvania, and having its principal office in the city of Pitts-burg, engaged in the business of transporting natural gas from wells in the surrounding territory, and…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
This action of assumpsit, to recover the difference between the price of natural gas actually supplied to defendant, and the minimum sum agreed to be paid according to contract, was submitted to a referee, under the act of May 14, 1874, whose findings of fact and conclusions of law were both in favor of the defendant. Exceptions to the report of the referee were considered by the court below and dismissed, and the report was thereupon confirmed, and judgment entered for defendant. Hence this appeal, in which we are asked to reverse both the referee and the…
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