RANFT v. COLUMBIA GAS OF OHIO, INC.

No. 83-874.

12 Ohio St. 3d 18 (1984)

RANFT, APPELLEE AND CROSS-APPELLANT, v. COLUMBIA GAS OF OHIO, INC., APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided July 3, 1984.


Attorney(s) appearing for the Case

Messrs. Lucas, Prendergast, Albright, Gibson & Newman, Rankin M. Gibson Co., L.P.A., and Mr. Rankin M. Gibson, for appellee and cross-appellant.

Messrs. Porter, Wright, Morris & Arthur, Mr. Rudolph Janata, Mr. Craig D. Barclay, Mr. Thomas E. Morgan, Mr. James L. Fullin and Mr. James R. Berendsen, for appellant and cross-appellee.


DAHLING, J.

The appellant asserts in his first proposition of law that where performance, under a right-of-way agreement, which provides the owner of the fee a right to natural gas service, has been temporarily prohibited by an emergency Public Utilities Commission order, the agreement is still in force, though dormant, and such an emergency order constitutes a complete defense to an action arising out of the contract or for the rescission thereof. We find this proposition...

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