Utilities Board of Tuskegee v. Town of Notasulga

Defendant, Utilities Board of the City of Tuskegee (“Board”), appeals from a declaratory judgment in favor of the Town of Notasulga based on an alleged breach of a water purchase contract and from the denial of its motion for a new trial on its counterclaim against Notasulga.

The Board and Notasulga signed a contract on December 15, 1973, which was to run for a term of ten years. The Board agreed to supply Notasulga water at the rate of $.30 per 1,000 gallons. Paragraph C(5) of that agreement states:

“(Modification of Contract) That the provisions of this contract pertaining to the schedule of…