Legal Opinion

Piedmont Power & Light Co. v. L. Banks Holt Manufacturing Co.

Supreme Court of North Carolina

Decided April 19, 1922PublishedCited by 3 opinions

Appeal by botb parties from Daniels, J., at September Term, 1921, of ÁLAMANCE. Tbe plaintiff is a public-service corporation, with its principal office at Burlington. On 21 December, 1915, it entered into a contract with tbe defendant to furnish it electric power to operate and light its mills situated in tbe town of Graham at tbe rate of one cent per k. w. b. for electric energy.

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Appeal by botb parties from Daniels, J., at September Term, 1921, of ÁLAMANCE. Tbe plaintiff is a public-service corporation, with its principal office at Burlington. On 21 December, 1915, it entered into a contract with tbe defendant to furnish it electric power to operate and light its mills situated in tbe town of Graham at tbe rate of one cent per k. w. b. for electric energy. This contract was later modified by divers agreements to tbe basis of one and one-half cents per k. w. b. In September, 1921, tbe plaintiff wrote tbe defendant advising that on account of increased cost due to war…

1Opinion of the Court

Clark, O. J.

Tbe contract made between tbe plaintiff and defendant in December, 1915, stipulated a schedule of rates on a basis of one cent *329per k. w. h. Tbis contract was to extend for five years from 1 April, 1916, and thereafter until terminated by either party upon 6 months notice given in writing to the other. In October, 1911, the defendant agreed to increase this amount to be paid by .003 (three mills) per k. w. h. for 6 months from 1 October, 1917. On 1 June, 1918, the defendant, in writing, agreed to pay for said electric current, in addition to the amount previously paid, the sum of…

2Cases cited6 opinions

  1. Union Dry Goods Co. v. Georgia Public Service Corp.Supreme Court of the United States · 1919
  2. Gerringer v. North Carolina Home InsuranceSupreme Court of North Carolina · 1903
  3. Bateman v. . HopkinsSupreme Court of North Carolina · 1911
  4. Lumber Co. v. RailroadSupreme Court of North Carolina · 1906
  5. Newland v. Buncombe Turnpike Co.Supreme Court of North Carolina · 1844

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. City of Saginaw v. Consumers Power Co.Michigan Supreme Court · 1943
  2. City of High Point v. Duke Power Co.District Court, M.D. North Carolina · 1940
  3. Public Service Co. v. . Finishing Co.Supreme Court of North Carolina · 1919

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