Tarentum Water Co. v. Borough
Tarentum Water Co. v. Borough
Opinion of the Court
Opinion by
The questions on which this case was made to turn in the court below, and which were argued on this appeal, assume that the purpose of the borough of Tarentum in entering into the contract of 1892 with the Tarentum Water Company, one of the appellants, was to provide a supply of water for the use of the inhabitants of the borough. If the assumption should be found unwarranted, these questions become unimportant and the discussion of them unnecessary. When a contract expresses distinctly the common purpose of the parties, it is to be assumed that it expresses the whole purpose. The proper rule in such case would refer whatever stipulations the contract contains to the purpose of the contract as defined, and construe it accordingly. Now, the purpose of this contract, as expressed in the contract itself, was to “provide such water as may be necessary for fire protection and other borough purposes,” thus limiting the purpose to the supply of municipal wants, as distinguished from the wants of the general public. The provision of the contract which is supposed to widen the purpose, is a stipulation that the water company is to furnish water to the general consumers “at the present water rates charged, until its gross annual revenue from the borough shall amount to 810,000 or upwards, in which case the water company is to furnish water to the citizens of the borough at the present rates charged by the Sharpsburg Water Company.” Under the rule of construction as above stated, this stipulation is not to be regarded as an independent covenant, but is to be referred to the purpose defined in the contract, and is to be regarded either as a condition, or as whole or part of the consideration. Suppose however that the purpose expressly defined in the contract makes the contract, taken as a whole, equivocal as to the purpose, and we resort to matters extrinsic to find the true purpose. It then becomes clear that what the borough was bargaining for was not a supply of water to the inhabitants, since the
Reference
- Full Case Name
- Tarentum Water Company v. Tarentum Borough
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- 1 case
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- Syllabus
- Corporations — Water companies — Boroughs — Contract—Conditional contract. 1. Where a water company, in pursuance of the power conferred upon it by the legislature and without any inducement by the authorities of 'a borough, enters upon the borough’s streets and proceeds to furnish water generally to the public, and subsequently the borough enters mto a-qontract with the company by which the latter agrees to furnish water for municipal purposes, and agrees, as a consideration for the privilege of supplying such water, not to charge the inhabitants of the borough any excess over the rates it had theretofore been charging, such a contract does not preclude the borough from subsequently furnishing its own supply of water for its inhabitants. 2. Ordinarily it is to be assumed when a contract expresses distinctly the common purpose of the parties that it expresses the whole purpose. The proper rule in such case would refer whatever stipulations the contract contains to the purpose of the contract as defined, and construe it accordingly.