United States Water Works Co. ex rel. Du Bois City Water Works Co. v. Borough of Du Bois
Supreme Court of Pennsylvania
Appeal, No. 129, Jan. T., 1896, by plaintiff, from judgment of C. P. Clearfield Co., Sept T., 1893, No. 386, on verdict for defendant. Assumpsit to recover water rent. At the trial it appeared that on August 10, 1889, the plaintiff entered into a contract with the defendant “ to furnish an adequate supply of pure, wholesome water to the Borough of DuBois and its inhabitants.
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Appeal, No. 129, Jan. T., 1896, by plaintiff, from judgment of C. P. Clearfield Co., Sept T., 1893, No. 386, on verdict for defendant. Assumpsit to recover water rent. At the trial it appeared that on August 10, 1889, the plaintiff entered into a contract with the defendant “ to furnish an adequate supply of pure, wholesome water to the Borough of DuBois and its inhabitants. The source of supply shall be from springs on lands of John E. Du Bois . . . . from which springs water shall be piped direct to the reservoir, and in no case will water be taken from open streams or containing surface…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
It was held in borough of Du Bois v. Du Bois Water Works Co., opinion filed herewith, supra, 430, that the circumstances would not sustain the cancellation of the contract between those parties by a court of equity, and of course they would not justify one of the parties themselves in attempting a rescission. The ordinance of the borough was beyond its authority and wholly ineffectual for that purpose.
But even if the ordinance had been effective the direction of a verdict for defendant could not be sustained. It is admitted that a considerable amount of water…
2Cited by4 opinions
- Heilwood Fuel Co. v. Manor Real Estate Co.Supreme Court of Pennsylvania · 1961
- Ephrata Water Co. v. Ephrata BoroughSuperior Court of Pennsylvania · 1901
- Hyndman Water Co. v. Borough of HyndmanSuperior Court of Pennsylvania · 1898
- Spring Brook Water Co. v. PittstonSupreme Court of Pennsylvania · 1902