Du Bois Borough v. Du Bois City Water Works Co.
Supreme Court of Pennsylvania
Appeal, No. 123, Jau. T., 1896, by defendant, Du Bois City Water Works, from decree of C. P. Clearfield Co., Sept. T., 1893, No. 5, on bill in equity. Bill in equity for the rescission of a contract.
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Appeal, No. 123, Jau. T., 1896, by defendant, Du Bois City Water Works, from decree of C. P. Clearfield Co., Sept. T., 1893, No. 5, on bill in equity. Bill in equity for the rescission of a contract. Gordon, P. J., found tbe facts and the law to be as follows: 1. That on August 10, 1889, in pursuance of an ordinance that day passed authorizing it, an agreement in writing was entered into between the borough of Du Bois and the United States Water Company, Limited, by which said water company covenanted and agreed to furnish to said borough and its inhabitants “an adequate supply of pure,…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The power of a court of equity to compel the cancellation of a contract, though well established, is very exceptional in its. character. Its purpose is never to interfere with the freedom of contract or with proper legal liability even for bad bargains, but only to supplement the powers of courts of law where there is exceptional equity of a settled and recognized kind. Hence-it is never to be exercised except in very clear cases and for definite cause. The causes which will justify it were stated as long ago as Delamater’s Estate, 1 Whart. 362, and experience,…
2Cases cited7 opinions
- Yard v. PattonSupreme Court of Pennsylvania · 1850
- Graham v. PancoastSupreme Court of Pennsylvania · 1858
- Rockafellow v. BakerSupreme Court of Pennsylvania · 1862
- Lehigh Water Company's AppealSupreme Court of Pennsylvania · 1883
- Delamater's EstateSupreme Court of Pennsylvania · 1836
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Virginia Iron, Coal & Coke Co. v. GrahamSupreme Court of Virginia · 1919
- Ganaway v. HendersonDistrict Court of Appeal of Florida · 1958
- Seymour Water Co. v. City of SeymourIndiana Supreme Court · 1904
- Maguire v. WheelerSupreme Court of Pennsylvania · 1930
- Jenks v. Clay Products Manufacturing Co.Court of Appeals of Maryland · 1921
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