Ohio Supreme Court, 1925

Ohio Public Service Co. v. State ex rel. Fritz

Ohio Public Service Co. v. State ex rel. Fritz
Ohio Supreme Court · Decided July 1, 1925 · Allen, Day, Kinkade, Marshall, Matthias, Robinson
3 Ohio Law. Abs. 362

Ohio Public Service Co. v. State ex rel. Fritz

Opinion of the Court

ALLEN, J.

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 A municipal corporation may therefore voluntarily terminate its obligation under the contract and wholly withdrawn therefrom.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.

Marshall, CJ., Matthias, Day, Kinkade and Robinson, JJ., concur.

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