Pittsb. Carbon Co. v. Philadelphia Co.

Citations

• 130 Pa. 438
• 18 A. 732
• 1889 Pa. LEXIS 1207

Syllabus

<p>(а) The Philadelphia Co., a natural gas company, defendant, acquired the property and lines of the Penna. N. Gas Co., assuming all the then existing contracts for gas of the Penna. N. Gas Co., “to the extent that the same can be supplied from the property and lines ” of the latter company “ as at that date existing, but to no other or greater extent.”</p> <p>(б) Among such existing contracts was one with the plaintiff, a manufacturing company, whose works were then at a distance of 250 feet from the supply line of the Penna. N. Gas Co., requiring for performance the laying of a service line of that length and 2& inches in diameter.</p> <p>1. In such case, the contract between the two gas companies must be construed to mean that where supply connections can be made at reasonable and usual distances from the main supply pipes, as they existed at the time, the defendant was bound to perform the other company’s contracts, and was liable directly to the plaintiff for its failure to perform the contract with him.</p>