Clark v. Pittsburg Natural Gas Co.
Supreme Court of Pennsylvania
Appeals, Nos. 17, 18 and 19, Oct. T.,. 1897, by defendants, from decree of G. P. No. 2, Allegheny Go.,. July Term, 1891, No. 215, on bill in equity. Bill in equity for a receiver and an account.
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Appeals, Nos. 17, 18 and 19, Oct. T.,. 1897, by defendants, from decree of G. P. No. 2, Allegheny Go.,. July Term, 1891, No. 215, on bill in equity. Bill in equity for a receiver and an account. The facts appear by the opinion of tbe court below by Ewing, P. J., which was as follows : The numerous exceptions filed to tbe master’s report and the arguments thereon, are such that we have felt compelled to, and liave read, the entire testimony and examined the principal exhibits. The case is au old acquaintance. The bill was filed May 8, 1891, and soon thereafter it was beard in court on,…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
As the relief granted is under the prayers of the amended bill the objection to the allowance of the amendment should he considered first. If it was improperly allowed the decree must be set aside. The averments of the original bill are : tlrat the Pittsburg Natural Gas Co. was incorporated mainly for the purpose of supplying natural gas to tlie works of the plaintiffs, William Clark’s Son & Co. and those of Park, Bro. & Co., one of tlie defendants; tbat each of the said parties contracted with the company for a supply of gas at its works for three years ; that…
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