United States Water Works Co. ex rel. Du Bois City Water Works Co. v. Borough of Du Bois

Citations

• 176 Pa. 439
• 35 A. 251
• 1896 Pa. LEXIS 1095

Syllabus

<p>Contract — Rescission of contract — Boroughs—Water companies.</p> <p>Where a contract between a borough and a water company provides that the water for the borough shall only be drawn from certain designated land, and it turns out that there is not sufficient water on the land designated to supply the borough, the borough cannot by ordinance rescind the contract. Such a contract is not entire, and the borough is liable for the water actually used, although it falls short of the contract quantity.</p>