Sturgeon v. Borough of Oakdale

Citations

• 77 Pa. Super. 448
• 1921 Pa. Super. LEXIS 290

Syllabus

<p>Contracts — Agreement of municipality and property owner— Consideration — Construction <of sewer — Benefits—Damages.</p> <p>An agreement between a borough and the owner of lands upon which the borough had determined to locate its sewage disposal plant, whereby, in consideration of the right to lay its sewer pipes over and across those lands, the plant was located elsewhere, is a valid contract. The effect of such an agreement was to compensate the owner for all damages sustainable by him in consequence of the lawful construction, operation and maintenance of the sewer.</p> <p>Equity — Contracts—Acceptance of benefits — Refusal of relief.</p> <p>The owner of lands having agreed, for his own benefit, to the construction of a sewer across his property, his successor in title is not entitled to relief in equity from the burden imposed upon his property by the agreement.</p> <p>It was not error for a court of equity to refuse damages and relief from the consequences of his devisor’s contract, at the suit of a devisee, where it appeared that the devisor had accepted the benefits of the contract for nearly two years without any complaint.</p>