Birmingham Slag Co. v. BirmingHam Water Works Co.

SIMPSON, Justice.

Bill in equity by appellant, Birmingham Slag Company, against appellee, the Birmingham Water Works Company, a public utility, to, in effect, modify or reform a certain contract for the construction of water mains, executed in 1927 between the appellee water company and appellant’s predeces- . sor in interest, on the ground that the benefits prayed to be granted had previously been granted to two other patrons of appellee, which resulted in such an unlawful discrimination as to entitle the appellant to the same relief.

Without questioning the equity of the bill, the trial court…