Vernon Township v. United Natural Gas Co.

Citations

• 256 Pa. 435
• 100 A. 1007
• 1917 Pa. LEXIS 631

Syllabus

<p>Contracts — Townships — Gas companies — Bight to lay pipes — Free gas — Township powers — Act of May 89,1885, P. L. 89, Sec. 18 —Consideration — Evidence — Threat to turn off supply — Bill in equity — Injunction.</p> <p>1. Township supervisors are public officers and the presumption is in favor of the correctness and regularity of their official acts.</p> <p>2. The validity of a written contract entered into between the supervisors of a township arid a public service company and acted upon by the company and its successors for a period of 29, years, cannot be attacked on the ground of failure of evidence to show formal action by the supervisors, as a board, in making and executing the contract, the presumption being that they took whatever formal action was necessary to the proper execution or ratification of the contract which bore their individual signatures.</p> <p>3. The Act of May 29, 1885, P. L. 29, Sec. 12, conferring upon gas companies the right of eminent domain and providing that “in all cases where any dispute shall arise between such corporations and the authorities of any borough, city, township or county, through, over, or upon whose highways......pipes are to he laid,” as to the character or manner of laying such pipes, the Court of Common Pleas may upon petition of either party “define by its decree what precautions, if any, shall be taken in the laying of pipes,” contemplates the right of township authorities to have a voice in the matter of the character of the pipes, and the method of laying them, where there is a question of safety or public convenience involved.</p> <p>4. A gas company entered into a contract with a township under which the company secured the right “of laying their pipes in the manner most expedient and feasible to them in consideration of free gas” to be furnished the township and school district for a certain number of lamps. At the time of the execution of the contract, which was signed by the three supervisors, a rival g