Lansdowne v. Citizens Electric Light & Power Co.

Citations

• 206 Pa. 188
• 55 A. 919
• 1903 Pa. LEXIS 673

Syllabus

<p>Boroughs — Ordinance—Resolution—Electric lighting — Electric light company — Contract—Estoppel.</p> <p>Where an electric light company makes an offer to a borough for the public lighting, stipulating the time within which the offer is to be accepted, and the borough accepts the offer before the expiration of the time specified, and thereafter the company takes certain steps as if to carry out the contract, the company is bound by a valid contract with the borough; and it is immaterial that the borough between the date of the offer and the time of the acceptance advertised and received bids for the public lighting.</p> <p>If an ordinance of a borough authorizes the borough council to make contracts for the lighting of the borough, the action of council in accepting a bid is merely ministerial, and not such an enactment, regulation, general law or ordinance as must be recorded in the borough ordinance book and advertised under the Act of April 3, 1851, P. L. 320, or the Act of May 23, 1893, P. L. 113. If objection is made that the resolution accepting the bid was not valid because there was no ordinance authorizing, the contract, the burden is upon the person making the objection to prove the non-existence of the ordinance.</p> <p>Where a resolution of a borough council accepting the bid of an electric light company contemplates the execution of a formal contract, and the company sends a form of agreement acceptable to the borough solicitor, and the latter promptly prepares the agreement as desired by the company and delivers it to the general manager of the company, the agreement is binding upon the company, although not executed by it.</p>