Domestic Fuel Co. v. American Petroleum Corp.

The opinion of the court was delivered by

Ackerson, J.

The defendant, American Petroleum Corporation, appeals from an adverse judgment entered in the Middlesex County Court, Law Division, on a jury verdict in favor of the plaintiff, Domestic Fuel Co.

The parties are dealers in fuel oil and this litigation arose-out of a contract between them for a supply of that commodity by the defendant, a wholesaler, to the plaintiff, a retailer, for resale to the latter’s customers. The complaint, as amended, is in two counts. The first alleges that by a written contract dated June 1, 1947, defendant agreed…