Ranft v. Columbia Gas of Ohio, Inc.

The appellant asserts in his first proposition of law that where performance, under a right-of-way agreement, which provides the owner of the fee a right to natural gas service, has been temporarily prohibited by an emergency Public Utilities Commission order, the agreement is still in force, though dormant, and such an emergency order constitutes a complete defense to an action arising out of the contract or for the rescission thereof. We find this proposition of law to be meritorious.

The record reflects that the appellee’s predecessors in title, granted and conveyed the right-of-way…