Ridley Park Borough v. United Telephone & Telegraph Co.

Citations

• 33 Pa. Super. 230
• 1907 Pa. Super. LEXIS 273

Syllabus

<p>Telephone company — Borough—Contract—Sale—Lease—Affidavit of defense.</p> <p>In an action by a borough against a telephone company to recover on a penal bond which was conditioned to pay to the borough the penalty stated, if the company should “sell out, or in any manner be controlled by another company,” the statement of claim averred that the company had leased its lines to an individual for the term of 999 years. It was also averred that the object of the lease was to transfer the possession and control of the property to a company or companies unknown to the plaintiff. The defendant in its affidavit of defense denied that it had sold out to any other company, or was controlled by any other company, and averred that the lease was made in good faith and without any design that the possession and control of the company should be transferred to any other company or companies. Held, that the affidavit of defense was sufficient to prevent judgment.</p>