Peoples Gas System, Inc. v. City Gas Co.

HORTON, Judge.

Appellant, plaintiff below, seeks review of an adverse final decree dismissing its amended complaint for injunctive relief and specific performance of a territorial service area agreement. We reverse.

On September 9, 1960, appellant, Peoples Gas System, Inc., and appellee, City Gas Company, competing gas companies, in order to avoid costly duplication of services and facilities, entered into a territorial service area agreement purporting to define their respective service areas in Dade and Broward Counties. Paragraph two of the agreement states, inter alia:

“We agree to…