Legal Opinion

Tarentum Water Co. v. Borough

Supreme Court of Pennsylvania

Decided January 3, 1911No. Appeal, No. 131PublishedCited by 1 opinion

Appeal, No. 131, Oct. T., 1910, by plaintiffs, from decree of C. P. No. 2, Allegheny Co., July T., 1908, No. 1,059, dismissing bill in equity in case of Tarentum Water Company & Allegheny Valley Water Company v. Tarentum Borough. Bill in equity to enjoin the defendant from constructing waterworks.

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Appeal, No. 131, Oct. T., 1910, by plaintiffs, from decree of C. P. No. 2, Allegheny Co., July T., 1908, No. 1,059, dismissing bill in equity in case of Tarentum Water Company & Allegheny Valley Water Company v. Tarentum Borough. Bill in equity to enjoin the defendant from constructing waterworks. Shaper, J., found the following facts: 1. The Tarentum Water Company was incorporated December 1, 1885, for the supply of water in the borough of Tarentum, its charter not being recorded, however, until September 21, 1887. The Allegheny Valley Water Company was incorporated on April 7, 1906, and the…

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

The questions on which this case was made to turn in the court below, and which were argued on this appeal, assume that the purpose of the borough of Tarentum in entering into the contract of 1892 with the Tarentum Water Company, one of the appellants, was to provide a supply of water for the use of the inhabitants of the borough. If the assumption should be found unwarranted, these questions become unimportant and the discussion of them unnecessary. When a contract expresses distinctly the common purpose of the parties, it is to be assumed that it expresses the…

2Cited by1 opinion

  1. Bethlehem City Water Co. v. Bethlehem BoroughSupreme Court of Pennsylvania · 1911

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