Gray v. Citizens' Gas Co.
Supreme Court of Pennsylvania
Appeal, No. 310, Jan. T., 1904, by plaintiff, from decree of C. P. McKean Co., June T., 1902, No. 2, dismissing bill in equity in case of John G. Gray and Carl B,. Bard, trading as Gray Chemical Company, to use of The Gray Chemical Company v. The Citizens’ Gas Company of Port Allegheny. Bill in equity for specific performance. Before Thomas, P. J., specially presiding.
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Appeal, No. 310, Jan. T., 1904, by plaintiff, from decree of C. P. McKean Co., June T., 1902, No. 2, dismissing bill in equity in case of John G. Gray and Carl B,. Bard, trading as Gray Chemical Company, to use of The Gray Chemical Company v. The Citizens’ Gas Company of Port Allegheny. Bill in equity for specific performance. Before Thomas, P. J., specially presiding. From the record it appeared that the defendant company contracted in 1896 to furnish John G. Gray sufficient natural gas to operate a chemical factory then owned by Gray and subsequently conveyed to the Gray Chemical Company.…
1Opinion of the Court
Opinion by
Mb. Chief Justice Mitchell,
The learned judge below found all the facts in favor of the complainant, saying “ we see- therefore nothing in the way of preventing a decree for the specific performance of this contract by the defendant at the time of the filing of this bill.” But he was of opinion that in a proceeding of this kind the decree should speak as of the facts at the time of the hearing, *476and as to these he said: “ The facts-show that since the service of the bill, the defendants have been active in an effort to increase the supply of gas by materially increasing the number of…
2Cited by2 opinions
- Muehlhof v. BoltzSupreme Court of Pennsylvania · 1906
- Lieberman v. Howard Johnson's Inc., Pennsylvania Court of Common Pleas, Philadelphia County1973