Legal Opinion

Waymart Water Co. v. Borough of Waymart

Superior Court of Pennsylvania

Decided April 12, 1897No. Appeal, No. 1PublishedCited by 5 opinions

Appeal, No. 1, Jan. T., 1897, by plaintiff, from judgment of C. P. Wayne Co., Deo. T., 1894, No. 40, on verdict for plaintiff. Assumpsit to recover the price of six hydrants and for certain water rent. Before Purdy, P. J. The plaintiff company brought suit upon a written contract to recover the cost of six hydrants and for water furnished to the defendant to January 1, 1895, with interest.

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Appeal, No. 1, Jan. T., 1897, by plaintiff, from judgment of C. P. Wayne Co., Deo. T., 1894, No. 40, on verdict for plaintiff. Assumpsit to recover the price of six hydrants and for certain water rent. Before Purdy, P. J. The plaintiff company brought suit upon a written contract to recover the cost of six hydrants and for water furnished to the defendant to January 1, 1895, with interest. The cost of the hydrants being $185.38 and the water rent $144.20 making the total claim $329.58. The evidence tended to show as a defense that the written contract executed by the chief burgess was in…

1Opinion of the Court

Opinion by

Rice, P. J.,

By resolution adopted July 18, 1893, the borough council granted to the plaintiff company the exclusive privilege of laying and maintaining water pipes in the borough streets. At a meeting of the council on August 5, 1893, before the reservoir was built or the pipes were laid, officers of the company presented a contract previously prepared, providing, inter alia, as follows : “ That the said first party in consideration of the rents to be paid and the agreements hereinafter to be kept and performed by and on the part of the second party, doth hereby grant and lease unto…

2Cases cited6 opinions

  1. Singerly v. ThayerSupreme Court of Pennsylvania · 1885
  2. School District v. FuessSupreme Court of Pennsylvania · 1881
  3. Nason v. Directors of the PoorSupreme Court of Pennsylvania · 1889
  4. Seeley v. WellesSupreme Court of Pennsylvania · 1888
  5. Butler v. School DistrictSupreme Court of Pennsylvania · 1892

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Moore v. ReedCommonwealth Court of Pennsylvania · 1989
  2. Harrisburg Authority v. CIT Capital USA, Inc.District Court, M.D. Pennsylvania · 2012
  3. Dunn v. Mayo MillsCourt of Appeals for the Third Circuit · 1905
  4. Goldsmith v. CITY COUNCIL OF CITY OF EASTONCommonwealth Court of Pennsylvania · 2003
  5. Goldsmith v. CITY COUNCIL OF CITY OF EASTONCommonwealth Court of Pennsylvania · 2003

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