Gardiner v. Philadelphia Gas Works

Opinion by

Mr. Justice Jones,

This assumpsit action was instituted by Betty E. Gardiner and Henry G. Gardiner, her husband (Gar-diners), in the Court of Common Pleas of Philadelphia County against the Philadelphia Gas Works (Gas Works), for an alleged breach of “agreement, warranty and promise.” In their complaint, Gardiners averred a month-to-month oral agreement with the Gas Works for the sale by the latter of gas; that the Gas Works, impliedly and expressly, warranted that the gas would be transmitted to Gardiners in a safe manner through an underground conduit maintained by it; that the Gas…