Easton Power Co. v. Sterlingworth Railway Supply Co.
Superior Court of Pennsylvania
Appeal, No. 20, Oct. T., 1902, by-plaintiff, from judgment of C. P. Northampton Co., April T., 1902, No. 40, on verdict for plaintiff in case of Eastern Power Company of Pennsylvania v. Sterlingworth Railway Company. Assumpsit for electric power sold and delivered. Before Schuyler, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 20, Oct. T., 1902, by-plaintiff, from judgment of C. P. Northampton Co., April T., 1902, No. 40, on verdict for plaintiff in case of Eastern Power Company of Pennsylvania v. Sterlingworth Railway Company. Assumpsit for electric power sold and delivered. Before Schuyler, P. J. The facts are stated in the opinion of the Superior Court. At the trial the court admitted in evidence various declarations and statements of the parties made prior to the execution of the contract. This testimony was admitted on the theory that the contract was partly in writing and partly in parol. [1-7] As…
1Opinion of the Court
Opinion by
Bbaveb, J.,
In and by a written agreement between the plaintiff and defendant, in which the former is called “ the company ” and the latter “ the consumer,” it was agreed: “ 1. That the company shall furnish to the consumer electric current for operating 70 H. P. by motors at a net price not to exceed the present cost per indicated H. P. of your steam engine and in no case to exceed $4.70 per H. P. per month, on your premises in the city of Easton, Pa., for one year from .” At
the end of the tenth paragraph there is inserted in writing: “ It being understood that this power shall be…
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