Dale Oil & Refining Co. v. City of Tulia

The appellant, plaintiff below, sued Che city of Tulia to recover an amount alleged-to be due because of the breach of a contract by the city.

The amended petition upon which the case was tried alleged that on the 22d day of April, 1927, plaintiff and defendant entered into a verbal contract by the terms of which' plaintiff company sold and defendant city bought 12 to 14 tank cars of gas oil, gravity 32-26 at an agreed price of 5 cents per gallon delivered at Tulia and under the terms of which shipments of said product would be equally spread over a period from May 1, 1927, to February 29,…