Smith v. Texas Co.

In an action at law the Court below directed a verdict for the defendant, which was an oil company being sued for the recovery of $1,358.90, alleged refund due on the price paid for gasoline, which plaintiff below contended the defendant had agreed to refund-because of a condition of collection, similar to the circumstances dealt with by this Court in the case of Gilmore v. Texas Company, 100 Fla. 169, 129 Sou. Rep. 587. This case, however, unlike the Gilmore case just cited, does not turn upon the construction of a written contract, but is based entirely upon an alleged verbal contract…