Conemaugh Gas Co. v. Jackson Farm Gas Co.

Citations

• 186 Pa. 443
• 40 A. 1000
• 1898 Pa. LEXIS 1025

Syllabus

<p>Referees — Findings of fact by — Review—Practice, Supreme Court.</p> <p>A referee’s finding of fact sustained by the court below will not be reversed by the Supreme Court unless exceptions specify the deficiencies in it, and show that it is legally insufficient to sustain the result of which complaint is made. Alleged errors to conclusions of law which are applicable to and in conformity with findings of fact which have been sustained are only indirect attacks, after a direct attack has proved fruitless.</p> <p>Equity — Jurisdiction—Convenience of remedy.</p> <p>A bill in equity may be sustained solely on the ground that it is the most convenient remedy: Appeal of Brush Electric Co., 114 Pa. 574. This is especially so where the remedy afforded by a court of law is obviously inconvenient and of doubtful adequacy.</p> <p>Equity — Jurisdiction—Specific performance — Contract to supply natural gas — Defense based on defendant's unlawful act.</p> <p>A court of equity lias jurisdiction to specifically enforce a contract to supply natural gas.</p> <p>A contract by a natural gas company organized under the laws of Pennsylvania, by which it is agreed that all of the surplus gas of the company shall be sold and delivered to another company, may be specifically enforced.</p> <p>The law does not look with favor upon a defense based on the unlawful act of the party interposing it.</p>