City of High Point v. Duke Power Co.

PARKER, Circuit Judge.

These are cross appeals in an action instituted by the City of High Point, North Carolina, as plaintiff, against the Duke Power Company, as defendant, to recover over-payments alleged to have been made for electric current furnished by defendant to plaintiff between March 1, 1935 and April 23, 1938. Defendant filed counterclaim to recover for current furnished by it to plaintiff following the last named date. The case was heard before the judge without a jury. He denied recovery to plaintiff and gave judgment for defendant on its counterclaim in the sum of 8127,435.94…