Flagg-Utica Corporation v. City of Florence

Defendant below appeals here to review a general judgment rendered against it in the circuit court of Lauderdale County in the sum of $5,789.11 by the trial judge without the aid of a jury.

The suit has its genesis in a written contract whereby the appellee, which for convenience we will at times call the City, agreed to sell and the appellant, which we will often refer to as Flagg, agreed to buy natural gas at rates set forth in the contract.

The contract, admittedly signed by both parties on May 16, 1955, and made effective July 1 of the same year, contains three pivotal paragraphs that are…