Ephrata Water Co. v. Borough
Superior Court of Pennsylvania
Appeal, No. 231, Oct. T., 1901, by plaintiff, from judgment of C. P. Lancaster Co., Sept. T., 1895, No. 4, on verdict for defendant in case of Ephrata Water Company v. Ephrata Water Company. Assumpsit for water rent. Before Landis, J. At the trial it appeared that on February 6,1893, the Ephrata Water Company entered into a contract in writing with the borough of Ephrata to supply the latter with water.
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Appeal, No. 231, Oct. T., 1901, by plaintiff, from judgment of C. P. Lancaster Co., Sept. T., 1895, No. 4, on verdict for defendant in case of Ephrata Water Company v. Ephrata Water Company. Assumpsit for water rent. Before Landis, J. At the trial it appeared that on February 6,1893, the Ephrata Water Company entered into a contract in writing with the borough of Ephrata to supply the latter with water. The material portions of this agreement are quoted in the opinion of the Superior Court. The suit was brought for water rent for thirty fire plugs for six months at the rate of $25.00 each per…
1Opinion of the Court
Opinion by
Rice, P. J.,
The defendant’s second point suggests the questions to be considered on the appeal. It does not suggest that the contract of February 6,1893, was invalid ; nor is the argument of the defendant’s counsel in support of the affirmance of the point, arid the consequent binding instructions that the plaintiff could not recover, based on that ground. The two grounds of defense we are called upon to consider are: first, failure of performance on the part of the plaintiff; second, rescission or abandonment of the contract.
The provisions of the contract pertinent to the first…
2Cases cited4 opinions
- Irvin v. BleakleySupreme Court of Pennsylvania · 1871
- Eberz v. HeislerSuperior Court of Pennsylvania · 1900
- Forsyth v. North American Oil Co.Supreme Court of Pennsylvania · 1866
- Hatton v. JohnsonSupreme Court of Pennsylvania · 1877
3Cited by7 opinions
- Second Nat. Bank of Allegheny v. Lash Corp.Court of Appeals for the Third Circuit · 1924
- Romm v. Lobosco Et Ux.Superior Court of Pennsylvania · 1928
- Ephrata Water Co. v. Ephrata BoroughSuperior Court of Pennsylvania · 1904
- Dowd v. Scenic View Farms Inc., Pennsylvania Court of Common Pleas, Carbon County2014
- Eichelbaum v. BishopSuperior Court of Pennsylvania · 1921
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