City of Owatonna v. Interstate Power Co.

NORDBYE, District Judge.

The controlling facts and circumstances of this controversy, concerning which there is no marked dispute, may be stated as follows:

On January 29, 1927, the City of Owatonna and the Donovan Company entered into a contract for the sale and purchase of electrical energy, the pertinent provisions of which may be thus summarized:

Article (1) of this agreement provides:

“The Company hereby agrees to purchase and the City agrees to sell all electrical energy to the Company required for the purpose of service by the Company to the farms which can • be served satisfactorily…