Albany Power &c. Co. v. City of Albany
Supreme Court of Georgia
Complaint. Before Judge Spence. Dougherty superior court. October 5, 19Ó8. The Albany Power and Manufacturing Company, which, for the sake of convenience, will hereinafter be called the power company, instituted suit against the City of Albany, hereinafter called the city, for the recovery of $1,020 and interest, alleged to be due under a contract between the power company, as party of the first part, and the city, as party of the second part.
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Complaint. Before Judge Spence. Dougherty superior court. October 5, 19Ó8. The Albany Power and Manufacturing Company, which, for the sake of convenience, will hereinafter be called the power company, instituted suit against the City of Albany, hereinafter called the city, for the recovery of $1,020 and interest, alleged to be due under a contract between the power company, as party of the first part, and the city, as party of the second part. The contract provided as follows: “I. That said party of the first part, for and in consideration of the payments hereinafter agreed to be made by said…
1Opinion of the CourtAtkinson, J.
It was contended by the plaintiff that inasmuch as the city on December 23 d used 147 additional horse-power over 300 horse-power, that being the greatest amount of excess power used at any time before the beginning of the quarter commencing January 1st, it was obliged for the quarter so ensuing to pay for that amount of excess horse-power, whether actually furnished to and used by or required by the city or not; it being contended that the maximum excess of horse-power used at any time during the month of December constituted a basis for and fixed the amount of excess power, so that its…
2Cases cited5 opinions
- McKeever, Cook & Co. v. Canonsburg Iron Co.Supreme Court of Pennsylvania · 1890
- Canonsburg Iron Co. v. McKeeverSupreme Court of Pennsylvania · 1888
- Mueller v. United StatesUnited States Court of Claims · 1884
- Coe v. AikenDistrict Court, D. New Hampshire · 1893
- Miller v. LeoAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Pittsburgh Plate Glass Co. v. JarrettDistrict Court, M.D. Georgia · 1942
- Mill Wood & Coal Co. v. Flint River Cypress Co.Court of Appeals of Georgia · 1915