Mountain City Water Co. v. Harleigh-Brookwood Coal Co.

Citations

• 257 Pa. 307
• 101 A. 734
• 1917 Pa. LEXIS 730

Syllabus

<p>Contracts — Construction—Intention.</p> <p>In an action on a contract between a water company and a coal company it appeared that the water company, the plaintiff, had agreed to supply defendant with water for a period of ten years, plaintiff to furnish defendant 250,000 gallons of water per day, at five cents per thousand gallons, provided there should be that much surplus after the residents of a certain town had been supplied. The contract further provided that if the quantity of water furnished at a stipulated rate during the continuance of the contract should not amount to $900 or more the defendant should nevertheless pay to the plaintiff the sum of $900 for each and every year in which the quantity of water furnished did not equal or exceed said sum. Thereafter the contract'was amended so as to require defendant to pay an increased rate per thousand gallons'for all water “which wé take from you” in excess of 60,-000 gallons per day. Defendant had in each year used and paid for more water than was represented by the minimum rental. Plaintiff contended that defendant was required to accept 250,-000 gallons of water per day during the life of the contract and claimed the contract price of 250,000 gallons per day until the expiration of the contract. Held, the lower court properly decided that defendant’s obligation to receive water was measured by ,the minimum rental of $900 per year and ’ entered judgment for defendant.</p>