Irwin Herminie Traction Co. v. West Penn Electric Co.

Citations

• 251 Pa. 292
• 96 A. 719
• 1916 Pa. LEXIS 461

Syllabus

<p>Contracts — Electric companies — Contracts for electric power— Equity — Injunction.</p> <p>A contract between a traction company and an electric company required that the traction company pay a charge of $2,000.00 per year “based on ample power to operate not more than three double truck cars at any one time”; the traction company alleging that the power furnished was insufficient, refused to pay in accordance with the contract; the electric company'thereupon refused to furnish further power; the traction company brought a bill in equity to require the electric company to furnish power and for the determination of what amount, if any, might be due defendant under the contract. A preliminary injunction was awarded as prayed for and the power was turned on and furnished continuously after the bill was filed. Defendant claimed the full amount of the contract price of the power; plaintiff claimed that it was not required to pay during the period when the power was not satisfactorily furnished. It appeared that plaintiff had been compelled to procure extra power for which it paid $338.01. The lower court dissolved the preliminary injunction and awarded defendant the amounts called for by the contract, less the amount paid by plaintiff for procuring extra power. Held, no error.</p>