
    No. 544
    No. 18784
    The Ohio Public Service Company v. The State ex rel. Joseph O. Fritz, Prosecuting Attorney.
    801. MUNICIPAL LAW — Municipalities may voluntarily terminate its obligation under contract with Lighting Co., indeterminate as to duration of franchise, and existing only during mutual agreement.
   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 A municipal corporation may therefore voluntarily terminate its obligation under the contract and wholly withdrawn therefrom.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.  