North Georgia Electric Membership Corp. v. City of Dalton

In North Georgia Electric Membership Corp. v. City of Dalton, 197 Ga. App. 386 (398 SE2d 209) (1990), the North Georgia Electric Membership Corporation ("NGEMC") filed a petition before the Commission to enjoin Dow Chemical Company ("Dow") from obtaining electrical power from another supplier, appellee City of Dalton. NGEMC argued that Dow previously "did choose NGEMC as its electrical power supplier," as evidenced by the parties' written correspondence. Id. In determining whether Dow had chosen NGEMC as its supplier, this Court held that the case "must be viewed from the legality of the contract principles involved." Id. at 390. Applying these principles, the Court found that "a contract did exist between Dow and NGEMC for the supply of power," based upon the parties' written correspondence, which reflected the terms of their agreement. Id. at 392.