Sierra Pacific Power Company v. Nye

*97Wines, D. J.,

dissenting:

The Second Claim for Relief is stated in terms of unjust enrichment, the Third Claim is for overcharges. The facts alleged in the First Claim for Relief and the facts settled by the Stipulation of Facts between these parties, have been recited in the majority opinion, except specific mention is not therein made of these facts — there were no negotiations between these parties when the changeover was made; the Nyes were not informed by an agent of the Power Company concerning rate schedules, nor of the rate schedules assigned in charging the Nyes’ predecessor, nor of…