Kendall Alabama Company v. City of Fort Payne

MAYFIELD, Justice.

This is an appeal from a final decree rendered by the Circuit Court of DeKalb County, Alabama, in Equity.

Appellant-complainant’s amended bill of complaint alleged that, on or about 1 September 1952, complainant set about opening a gasoline service station in the City of Fort Payne, Alabama, which municipality is the respondent-appellee in this action. The bill of complaint alleged that on 12 September 1952, complainant-appellant installed two 4,000 gallon gasoline tanks at its service station in Fort Payne, Alabama. Subsequently thereto, on 16 September 1952, the appellee…