Troy Refining Corp. v. Slagter Oil & Grease Co.

SWINFORD, District Judge.

This is an action to recover the purchase price of a quantity of heavy fuel oil which the plaintiff alleges it sold and delivered to the defendant.

By an oral contract the plaintiff sold to-the defendant a quantity of heavy fuel oil to be delivered to the defendant at the-plaintiff’s dock, by being loaded into a barge-spotted at the plaintiff’s dock by the defendant, or a common carrier employed by the defendant. The plaintiff’s dock was on the Indiana side of the Ohio River at the-mouth of Anderson Creek. On April 28, 1942,- the barge in question, which is identified…