Monongahela Natural Gas Co. v. Ellwood Natural Gas & Oil Co.

Citations

• 43 Pa. Super. 619
• 1910 Pa. Super. LEXIS 106

Syllabus

<p>Appeals — Assignments of error — Order of the lower court — Exception.</p> <p>1. On an appeal from an order discharging a rule for judgment for want of a sufficient affidavit of defense, the order of the court below should be set forth in the assignment of error, and not merely counsel’s summary of what the court did.</p> <p>2. No appeal can be taken from an order discharging a rule for judgment for want of a sufficient affidavit of defense, unless an exception has been taken by the plaintiff to such order. Such an exception must be taken'within a reasonable'time, and if no exception has been taken until after the expiration of three years and after a trial, the appellate court will not consider the assignment of error.</p> <p>Contract — Natural gas — Minimum consumption.</p> <p>3. Where one natural gas company agrees in writing to sell to another natural gas company gas at the rate of ten cents per 1,000 cubic feet, and the contract provides that “the above price is made on the minimum consumption of ten million cubic feet per month,” the contract as properly construed entirely fails to fix a price for the gas, if the amount delivered is less than 10,000,000 cubic feet per month. In such a case the supplying company is not entitled to recover $1,000 for a month in which it supplied only 500,000 cubic feet.- All that it is entitled to, at the most, is the market value of the quantity actually delivered.</p>