Gilmore v. Texas Co.

— In this case the plaintiff in error was a gasoline dealer running three filling stations in Escambia County, outside the city limits of Pensacola.

There was a .contract between the parties for the purchase and sale of gasoline to be used at the three stations owned by the plaintiff in error. The provisions in the contract as to price were as follows:

“PRICE: Seller’s tank wagon price, current date of delivery, less a discount of two and one-half (2%c) per gallon, said discount to be allowed only in the event that actual deliveries hereunder amount to not less than

Station No. 1, 3000

“ No. 2,…