Ohio Public Service Co. v. State ex rel. Fritz
Ohio Supreme Court
Ohio Public Service Co. v. State ex rel. Fritz, 3 Ohio Law. Abs. 362 (Ohio 1925)
Allen, Day, Kinkade, Marshall, Matthias, Robinson
Ohio Public Service Co. v. State ex rel. Fritz
Opinion of the Court
Where the contract between a municipal corporation and an electric lighting company is silent as to the duration of the franchise such franchise is not perpetual, but the duration thereof is simply indeterminate existing only so long as the parties mutually agree thereto. A municipal corporation may therefore voluntarily terminate its obligation under the contract and wholly withdrawn therefrom.
Judgment affirmed.
Reference
- Full Case Name
- The Ohio Public Service Company v. The State ex rel. Joseph O. Fritz, Prosecuting Attorney
- Status
- Published