CITY OF FAIRHOPE v. CITY OF DAPHNE

85-127.

499 So.2d 1373 (1986)

CITY OF FAIRHOPE v. CITY OF DAPHNE.

Supreme Court of Alabama.

As Corrected on Denial of Rehearing November 21, 1986.


Attorney(s) appearing for the Case

James L. Shores, Jr., of Shores & Booker, Fairhope, for appellant.

Norborne C. Stone, Jr., of Stone, Granade, Crosby & Blackburn, Bay Minette, for appellee.


BEATTY, Justice.

This is an appeal by the City of Fairhope from a declaratory judgment entered in its suit to collect costs specified in its 1950 agreement with the City of Daphne plus additional charges assessed pursuant to ordinances passed by Fairhope concerning natural gas purchased by Daphne in excess of one-tenth of the volume delivered. We reverse and remand.

In 1950, Fairhope and Daphne entered into a contract whereby, in consideration of the granting...

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