Frankfort Kentucky Natural Gas Co. v. City of Frankfort

Opinion of the Court by

Chief Justice Sampson—

Reversing.

The appellee, Frankfort Kentucky Natural Cas Company, incorporated, owns a franchise in the city of Frankfort, for the distribution and sale of natural gas. It acquired this contract about May, 1915, and immediately installed its plant and began to distribute and sell gas to consumers in the city of Frankfort. Clause “D” of the franchise contract reads:

“D. Said purchaser or his successors shall, at the commencement of business, charge forty (40) cents, net, for one thousand (1,000) cubic feet of gas (that is a charge of forty-two (42)…