Ephrata Water Co. v. Ephrata Borough

Citations

• 24 Pa. Super. 353
• 1904 Pa. Super. LEXIS 184

Syllabus

<p>Contract — Water company — Borough—Rescission.</p> <p>Where a water company has entered into a contract with a borough to supply the latter with water, the contract cannot be deemed to have been rescinded by the company from the bare fact that it offered to enter into a new contract upon the same terms as the old except as to the price, which offer was not accepted.</p> <p>In, an action by a water company against a borough to recover the contract price for water furnished for a fire; plug service during a particular period, evidence as to the condition of the company’s reservoir and the sufficiency of its water supply at any time subsequent to such period, is immaterial. »</p> <p>Water companies — Borough—Evidence—Expert.</p> <p>In an action between a water company and a borough where a question' is raised as to the sufficiency of the supply of water an expert witness may be permitted to' testify as to what was a sufficient supply per day for a town containing the population of defendant, if objection is not made at the time that only a portion of the population used the water.</p>