Allegheny County Light Co. v. Thoma
Superior Court of Pennsylvania
Appeal, No. 6, April. T., 1906, by defendant, from judgment of C. P. No. 3, .Allegheny Co., Aug. T., 1903, No. 369, on verdict for plaintiff in case of Allegheny County Light Company v. Henry J. Thomas. Assumpsit for electric light. Before Evans, J. The court charged as follows: The plaintiff brings this action to recover a balance, which, it alleges, is due for electric light furnished by it to the defendant.
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Appeal, No. 6, April. T., 1906, by defendant, from judgment of C. P. No. 3, .Allegheny Co., Aug. T., 1903, No. 369, on verdict for plaintiff in case of Allegheny County Light Company v. Henry J. Thomas. Assumpsit for electric light. Before Evans, J. The court charged as follows: The plaintiff brings this action to recover a balance, which, it alleges, is due for electric light furnished by it to the defendant. The circumstances, as alleged by the plaintiff, of the contraction and nonpayment of this bill arose through a mistake on the part of the bookkeeper of the plaintiff company in failing…
1Opinion of the Court
Opinion by
Henderson J.,
By an agreement in writing the plaintiff undertook to furnish electricity to the defendant and the latter to pay therefor the price fixed in the contract. For the purpose of determining the amount of electricity used it was agreed that a Watt-meter should be installed and that all bills should be calculated upon the reading of the meter, such reading to be final and conclusive. It is not alleged by the defendant that the quantity of electricity charged for was not consumed by him. -His defense is that monthly statements were made to him, from time to time, according to…
2Cases cited5 opinions
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