Sierra & San Francisco Power Co. v. Universal Electric & Gas Co.

This is an appeal from a judgment in favor of the plaintiff for the sum of $13,359.68 on account of an alleged balance due for electrical energy furnished by the plaintiff to the defendant.

It is alleged in the complaint that on the ninth day of July, 1915, the parties hereto entered into a contract whereby the plaintiff agreed to sell and the defendant agreed to buy for a period of eight years all of the electrical energy that might be required by the defendant in the regular course of its business in excess of that which might be generated in its own plant; that the defendant agreed to pay for energy at the rate per month of $1.80 per kilowatt for the first 2,000 kilowatts maximum demand, with a sliding schedule downward for each successive 2,000 kilowatts maximum demand; that in addition thereto an energy charge was to be paid of four mills per kilowatt hour for energy taken as determined by the integrating watt hour meter readings; that pursuant to the contract the plaintiff sold and delivered energy to the defendant from August 1, 1918, to December 3, 1919, on account of which the total price to be paid was $255,-623.55; that the defendant had paid the sum of $241,249.71 and…