Summerhill Borough v. Cambria County Water Supply Co.

Citations

• 48 Pa. Super. 80
• 1911 Pa. Super. LEXIS 341

Syllabus

<p>Equity — Findings of fact — Evidence—Contract—Water companies— Boroughs.</p> <p>On a bill in equity by a borough against a water company to restrain the defendant from cutting off water from fire plugs where the plaintiff avers a verbal agreement on the part of the water company to supply the plugs in consideration of a grant of franchises to use the streets, and this agreement is denied by the answer, and is not sustained by any proof of a contract between the responsible officers of the borough and the company, and there is no evidence on the subject, except general conversations between employees of the water company and a justice of the peace and councilmen of the borough in their individual capacity, the bill is properly dismissed upon the findings of the court below that no contract existed.</p>