Town of Hagerstown v. Liberty Light & Power Co.

On November 5, 1920, the appellant herein, by its board of trustees, entered into a contract with one Robert M. Cass, by the terms of which contract said town turned over to said Cass, as “operator” its “light plant,” which was thereafter to be “operated” by said Cass, for the term of three years, under said agreement, he agreeing to pay to said town certain moneys in said contract specified. This agreement was approved by the Public Service Commission and the parties thereto entered upon the performance of the same.

The fifth clause of said contract was as follows: “That municipality and…