Dunkel Oil Corp. v. Independent Oil & Gas Co.

FITZHENRY, Circuit Judge.

Appellee’s demurrer to appellant’s declaration' was sustained. Appellant stood by its declaration and judgment was rendered by the trial court in favor of appellee. A reversal is sought. The question involved in the pleadings is whether or not appellant’s declaration sufficiently charges appellee with a waiver of the method of accepting the contract contained in its provisions.

Appellant is a wholesale and retail dealer in gasoline. Appellee is in the business of wholesaling gasoline in tank ear lots. In a proposed contract, upon appellee’s form, appellant contracted,…