Berks & Dauphin Turnpike Road v. American Telegraph & Telephone Co.

Citations

• 240 Pa. 228
• 87 A. 580
• 1913 Pa. LEXIS 654

Syllabus

<p>Contracts — Mistake of law — Rescission—Turnpike companies— Telegraph and telephone companies — Contract for erection of telegraph line.</p> <p>Where a turnpike company, incorporated under the Act of March 2, 1805, P. L. 75, makes a contract with a telegraph and telephone company incorporated under the Act of April 29; 1874,-P. L. 73, by which the latter company is granted the right for the period of ninety-nine years to construct and maintain its lines over the turnpike road, and the telegraph company agrees to conform to regulations as to the erection of its poles and to-pay a rental of $10.00 per year for each mile or fraction of a mile which it might use, it cannot after several miles of potes have been erected, and the rent has been regularly paid for a period of some eleven years, cease to pay rent on the theory that it might have located its lines upon the turnpike without securing the consent of the turnpike company. Under such circumstances, where the parties have agreed in writing for the adjustment of their difficulties, with mutual rights and obligations on both sides, the contract will be enforced. People’s Telephone & Telegraph Co. v. Berks & Dauphin Turnpike Road, 199 Pa. 411, distinguished.</p>