Texas Company v. Todd

The plaintiff has appealed from a judgment which was rendered in its favor for the sum of $8,762.73, as the contract price of gasoline sold to the defendant. The appellant contends the judgment should have been rendered for the sum of $14,835.15, pursuant to the price which was established for the sale of a new and cheaper brand of gasoline which was not on the market in California at the time the contract was executed, and which was therefore not contemplated by the parties in the execution of the original contract, but which price was established by subsequent telegrams modifying the…