Philadelphia Co. v. United Gas Improvement Co.

Citations

• 180 Pa. 235
• 36 A. 742
• 1897 Pa. LEXIS 911

Syllabus

<p>Referee — Qonclusiveness of referee's finding of fact — Review.</p> <p>To successfully challenge a referee’s findings of fact, it is not enough to point to evidence sufficient to support a different finding; but it must be shown that there is no evidence sufficient to sustain his findings, and this is especially so after they have been considered and approved by the court below.</p> <p>Referee — Request for specificfinding of fad.</p> <p>Where a referee is not asked to make a specific finding upon a particular subject, and his general findings are equivalent to a specific finding upon the subject, the party against whom the finding is made has no just ground of complaint.</p> <p>Gontract — Agreement to supply natural gas — Minimum amount.</p> <p>A natural gas company agreed to supply a corporation with natural gas for the use of its customers for illuminating purposes, specifying a minimum quantity which the corporation would take, or, failing to take, should pay for, and providing that if failure to take the specified minimum shall he due to the permanent failure or diminution of the gas company’s supply, the corporation should be required to pay for only the quantity of gas actually received by it ; but if the failure of the corporation to take said minimum should be due to the temporary stoppage or interruption of the gas company’s supply, the corporation should be entitied to a credit or reduction of the respective minimum quantities proportionate to the number of consumers affected, and the length of time during which such stoppage or interruption should continue. Plaintiff received pay for all the gas actually consumed. An action by the natural gas company to recover the difference between the price of natural gas actually supplied to the corporation and the minimum sum agreed to be paid according to the contract was submitted to a referee, who reported : “ Very early, however, in the first year of the contract, the supply (of gas) sensibly diminished and c