156 Ind. 332 | Ind. | 1900
Appellants, plaintiffs' below, sought to enjoin the defendant gas company from cutting off their connections with its gas mains and thereby preventing the flow of natural gas from the defendant’s gas well into the dwelling-house of plaintiffs to be used for fuel and illuminating purposes. A trial by the court resulted in a judgment in favor of the defendant. The only error assigned is that the court erred in denying plaintiffs’ motion for a- new trial. The question urged by appellants in this appeal is that under the evidence the lower court ought to have awarded them the injunction for which they prayed in their complaint. '
This action was instituted on the 11th. day of September, 1891, and the facts averred in the complaint appear to be in substance as follows: The defendant, the Madison and Hancock Gas Company, is a corporation organized and doing business in the counties of Madison and Hancock in
The contracts in controversy are as follows: A. “December 9, 1889. This is to certify that the Madison and Hancock G-as Co. have this day agreed to furnish to the L. J. P,
Counsel for appellants contend that the sole question to be determined -under the evidence is whether thp gas well in controversy was furnishing and would continue to furnish gas in a sufficient amount-for heating and illuminating each of their respective dwellings. Upon the contrary,, counsel for appellee insist that the contract entered into between the parties to this action c.an only be. interpreted to mean that appellee would continue .to. furnish gas to appellants, so long only as. gas flowed- from its,well in.a sufficient quantity for the use of .its consumers as they existed at, the-.time of. the execution of the .contract in controversy, Jt is insisted that this question beeame.one of fact, which the trial court, under the evidence decided adversely .to appellants, and,, inasmuch as there is evidence.to sustain the finding of the court,,it.is contended that the-judgment below, under a well settled, rule of appellate procedure, can not. be .disturbed. . ...
- -We have frilly-read and considered the evidence as certified, and, among other things, it may be said to establish, th.e following facts: Appellee is a. corporation, organized in August, 1889, under the laws of this State, for the purpose of sinking and operating gas and oil wells and selling the products therefrom. The operation of the company is confined to Eall Creek township in Madison county and.to Green township in Hancock county, and its capital stock is $5,000 divided into 200 shares of $25 each. It is provided
' The gas well in controversy, it' seems, originally furnished plenty of gas to all consumers. Its pressure was 330 pounds, but during the years of 1896 and 1897' this pressure was reduced until it fell'to fifty pounds and under. Salt water which accumulated in the well very much interrupted the flow of gas. During the winters of these years the gas from the well became so scarce that there was not enough to furnish all of the consumers along the line, and a portion of such consumers, some of appellants being among the number, in cold 'weather, were compelled to 'resort to the burning of wood for fuel. On August 18, 1897, appellee, through its officers, gave written notice that it would, on September 15th following, disconnect appellants’ service-pipes from its gas well, for the reason that the flow of gas therefrom had so diminished that there was no longer sufficient gas to supply appellants under their contract. The evidence does not disclose that the number of consumers was in any manner increased after the execution of the contract in suit, but, for aught appearing, the number remained the same after its execution as before. There is no evidence to establish that
Appellants ask us, under the evidence, to construe the contract in dispute, and hold that thereunder they were each entitled to be furnished with gas so long as it flowed from the Well, regardless of the duty, if any, which appellee owed to other persons who were its patrons at the time of the execution of the contract in question, and so continued to be, and regardless also of the rights of such consumers under their contracts with appellee. If we are to interpret the contract in the light of the circumstances existing at the time of its execution, in respect to its continuance or duration, we are certainly, under the evidence, not in a position to do so, as we are not apprised in regard to the character, terms, and provisions of all other contracts into which appellee had entered with persons who were its patrons at the time it contracted with appellants.
It is not essential in the determination’of this appeal that we attempt to. construe the contract in suit, as the judgment below must. necessarily be affirmed for the reason, as previously stated, that appellants, under the evidence, have wholly failed to show that they are entitled to any equitable relief. The cáse was instituted and prosecuted to prevent appellee by injunction from violating its contract with appellants, to furnish them gas. The universal test in such cases is the inadequacy of the legal "remedy of damages for a breach of the contract. 3, Pomeroy’s Eq., §1341; 2 High on. Inj„.§§1106, 1107, 1109.
The authorities affirm that; to warrant a court of equity in interfering, not only must the injury apprehended as a result of the violation of the contract in question be of such a nature as not to be susceptible of adequate compensation in damages at law, but the contract, itself must also be free from doubt and not. uncertain or vague in its terms or provisions. 2 High on Inj., §1106.
, We are .not to be understood as asserting that a court of equity will not interpqse, whom invoked in cases like the one at bar, .and grant relief .by injunction upon a proper showing, but what, we do assert is that the evidence in this case is not sufficient to show that appellants are entitled to the injunction sought. It may also be said that no question of corporate or public duty upon the part of the appellee is involved in this appeal. The general scope and prayer of their complaint discloses that the principal relief which they seek is an injunction, and s.uch a complaint, if not sufficient for that purpose, will be held bad on demurrer, regardless of the fact that it may be sufficient to warrant other relief,