BELL, J.
The Court of Appeals in affirming the sustaining of the demurrer relied principally upon City of Niles v. Union Ice Corp., 133 Ohio St. 169,12 N.E.2d 483, the second paragraph of the syllabus of which reads as follows:
"A patron, purchasing electric energy from a municipally owned electric light and power plant or system, occupies, with respect to the purchase price paid, the same position as if the purchase were made from a private...
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