Legal Opinion
Sinclair Refining Co. v. Refiners Oil Co.
Court of Appeals for the Sixth Circuit
Decided March 11, 1935No. 6571PublishedCited by 2 opinions
1Opinion of the Court
ALLEN, Circuit Judge.
Action by appellant for money claimed to be due for gasoline purchased under a written contract. Two defenses were interposed: First, payment in full; second, accord and satisfaction. The case was tried to a jury which returned a verdict for ap-pellee.
The pertinent terms of the contract are as follows:
“Price based on the official tank wagon market price of the Standard Oil Company of Ohio of 17$ per gallon on gasoline as prevailing in Dayton, Ohio, as of October 22nd, 1923, and is to take full advance or decline of such tank wagon market price. Such advance or decline to…
2Cases cited7 opinions
- Rankin v. Fidelity Insurance, Trust & Safe Deposit Co.Supreme Court of the United States · 1903
- Canadian Nat. Ry. Co. v. George M. Jones Co.Court of Appeals for the Sixth Circuit · 1928
- Empire Fuel Co. v. LyonsCourt of Appeals for the Sixth Circuit · 1919
- Hurin v. Electric Vacuum Cleaner Co.Court of Appeals for the Sixth Circuit · 1924
- Western Petroleum Co. v. Tidal Gasoline Co.Court of Appeals for the Seventh Circuit · 1922
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- United States v. LundstromCourt of Appeals for the Ninth Circuit · 1943
- United States v. LundstromCourt of Appeals for the Ninth Circuit · 1943