Johnson v. Shell Oil Co. of California

(dissenting) — The sublease entered into by appellant on March 29, 1929, contained the covenant that he would buy gasoline at respondent’s posted tank wagon price at its office at Everett. The provi sion (and, in fact, the sublease) is identical to that construed in the cases of Shell Oil Co. v. Wright, 167 Wash. 197, 9 P. (2d) 106; Jewell v. Shell Oil Co., 172 Wash. 603, 21 P. (2d) 243; Robinson, v. Shell Oil Co., 172 Wash. 611, 21 P. (2d) 246; Searl v. Shell Oil Co., 172 Wash. 621, 21 P. (2d) 249; and Shell Oil Co. v. Henry, 175 Wash. 298, 27 P. (2d) 582, wherein this court held that the…