American Refining Co. v. Bartman
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Eastern District of Oklahoma; Martin J. Wade, Judge. Action by Max Bartman and another, partners under the name of the Gasoline Filling «Station, against the American Refining Company. Judgment for plaintiffs, and defendant brings error.
1Opinion of the Court
STONE, Circuit Judge.
From recovery for breach of contracts to supply gasoline defendant brings its writ of error.
The company, an oil wholesaler, entered into two form contracts with the partners, who were retailers of gasoline, as follows:
Order No.-. Date 4 — 5—1915,
M-American Refining Company:
Ship to Gasoline Filling Station
At 1724 Grand Av. When — As ordered during 1915.
How ship, S. Fé or Katy Terms usual.
Salesman,-. Buyer,----.
60 T/cs 60/62 Gravity Gaso
Brices to be mutually satisfactory at time of ship—
For each advance in K. C. tank wagon prices the f. o. b. refining prices to advance %…
2Cases cited1 opinion
- White Oak Fuel Co. v. CarterCourt of Appeals for the Eighth Circuit · 1919
3Cited by7 opinions
- Ash v. Chas F. Noble Oil & Gas Co.Supreme Court of Oklahoma · 1923
- Mealey v. KanealySupreme Court of Iowa · 1939
- Carpenter v. Continental Casualty Co.Court of Appeals for the Eighth Circuit · 1938
- American Indemnity Co. v. CarneyDistrict Court, E.D. Missouri · 1944
- Galoob v. RockSupreme Court of Oklahoma · 1922
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