Dean v. Central District & Printing Telegraph Co.

Citations

• 61 Pa. Super. 311
• 1915 Pa. Super. LEXIS 324

Syllabus

<p>Telephone companies — Contract for service — Rescission—Construction of written contract.</p> <p>Where a person agrees in writing to pay to a telephone company a sum named, every quarter for three years, for telephone service “and thereafter until either party gives sixty days’ notice in writing of a desire to terminate this agreement,” and on the same day the company gives to its customer a letter stating that the contract is subject to a rebate of fifty per cent, “during continuance of opposition telephone company,” the company is not bound to furnish its customer with telephone service for an indefinite period depending upon the existence of a rival company. After the expiration of three years the company may terminate the contract upon giving sixty days’ notice.</p> <p>In such case the fact that the company continued the service at the reduced rate after the expiration of the three years, is not a recognition of any right in the customer to continue the contract for an indefinite period as long as the opposition service continued.</p>