Trevorton Water Supply Co. v. Zerbe Township

Citations

• 259 Pa. 31
• 102 A. 328
• 1917 Pa. LEXIS 508

Syllabus

<p>0ontracis — Municipal contracts — Township of second class— Water supply — Acts ultra vires — Estoppel—Act of May 26, 1907, P. L. 281.</p> <p>1. Townships of the second class are not properly to be regarded as municipal corporations, nor do they possess the implied powers of such corporations. They are only involuntary quasi corporations standing low in the scale of corporate existence and they can exercise only such powers as are expressly conferred lipón them by statute.</p> <p>2. One who contracts with the representatives of a municipality, especially with those having the very limited powers of -a quasi corporation such as a township, is bound to know the limitations of the powers of those officials in executing the contract.</p> <p>3. In an action brought by a water supply company against a township of the second class to recover for the rental of water hydrants, installed under a contract entered into between the water company and the supervisors of the township, in pursuance of the Act of Nay 25, 1907, P. L. 231, providing that, upon the petition of the owners of a majority of the lineal feet frontage along a highway, the supervisors may contract with water companies for the placing of hydrants along said highway, evidence to show that the petition fo'r the installation of the hydrants was not signed by a majority of the owners abutting upon the highway was erroneously excluded as immaterial, and the trial judge erred in directing a verdict for plaintiff.</p> <p>4. In such case the supervisors had no authority to provide water supply for fire protection, except upon the terms and conditions set forth in the statute; the plaintiff was bound to know and recognize the limitations upon the powers of the supervisors and could not invoke the principle of estoppel after the work had been done so as to charge the township with liability therefor, where it appeared that the township as an organic unit received no benefit from the work, hut certain individuals only,