New Lexington (Vil.) v. Ohio Fuel Supply Co.

Citations

• 27 Ohio C.C. Dec. 678
• 24 Ohio C.C. (n.s.) 537

Syllabus

<p>GAS — MUNICIPAL CORPORATIONS.</p> <p>Voorhees, Shields and Powell, JJ..</p> <p>1. Ordinance Fixing Gas Rates to Consumers Accepted by Company Valid.</p> <p>An ordinance fixing the rates which may he charged consumers for gas when accepted by the company constitutes a binding contract which may be enforced by the municipality.</p> <p>2. Jurisdiction of Courts to Settle Differences between Municipality and Gas Company.</p> <p>While a controversy between a municipality and a gas company as to rate to be paid by consumers for gas would fall within the jurisdiction of the public service commission, the courts have jurisdiction to settle differences of that character, whenever a contract has been entered into and so long as the contract exists.</p> <p>3. Petition Alleging Making of Gas Contract and Breach Sufficient.</p> <p>When a petition filed by a municipality alleges the making of such a contract, its breach and a continuance of the breach, with a prayer for injunction and general relief, it states a cause of action.</p> <p>[Syllabus by the court.]</p>