Waymart Water Co. v. Borough of Waymart

Citations

• 4 Pa. Super. 211
• 1897 Pa. Super. LEXIS 109

Syllabus

<p>Municipal law — Borough—Contracts—Assent by councils.</p> <p>The validity of a contract with a borough binding the latter to pay an annual water rent for a period of years depends on the assent of the borough councils and without such assent the borough is not bound although the paper is executed with all due formality.</p> <p>A body of this kind should exercise its powers by joint action as a board; loose discussions without any motion or united action are not sufficient.</p> <p>Municipal contract — Assent of councils — Evidence—Parol evidence.</p> <p>Where in order to prove the assent of the borough council to the written contract sued on, the plaintiff can show no resolution or ordinance authorizing the contract but must depend upon parol evidence of what was said and done at the council meeting at which it was signed. She has no reason to complain of the admission of evidence tending to show that assent was given conditionally and that the writing does not embody the whole action of council in the matter, or of the submission of such evidence to the jury to determine what was the agreement which the council made or authorized to be made.</p> <p>Contract subject to vendee's satisfaction — Bight of rejection.</p> <p>When an agreement is to make and deliver an article to the satisfaction of the person for whom it is made, the latter, acting in good faith, and not from mere caprice, may refuse to accept if, for any reason, it is really not satisfactory to him, but such refusal cannot be made before an actual bona fide inspection of the article.</p>