245 Pa. 441 | Pa. | 1914
Opinion.bx
This is an appeal from a decree adjudging appellant
The other decree adjudged appellees to be entitled to such pressure of steam, for use in their business, through a one and one-half-inch pipe, as the capacity of the boilers may reasonably furnish with the same connections as existed at the commencement of this suit, without any unfair obstruction; also that appellees were entitled to exhaust steam. In the case in which that decree was entered, there was a reversal here, and the record was remitted with directions to modify the decree so as to require appellant to furnish live steam through a one-inch pipe, and in accordance with the views expressed in that opinion relating to the rights of the parties.
In this state of the record appellant should not be adjudged in contempt so as to make this a permanent and binding decree of the court against him. It was the duty of appellant to comply with the decrees of the learned court below in good faith, but when those de
May 22,1914:
Since writing and handing down the opinion in this case, the parties by an agreement in writing have stipulated the terms and conditions upon which the steam is to be used and furnished, and the court now expresses its approval of that agreement, which was duly executed May 22, 1914. This agreement in the future will be accepted as defining the legal rights of the parties and will be the guide to all concerned.
Decree reversed and petition dismissed. Costs to be equally divided between the parties.