Zahn v. Gulf Oil Corp.

Motion to dismiss plaintiff’s complaint pursuant to rule 106 of the Rules of Civil Practice.

The plaintiff alleges that between November 15, 1946, and November 15,1952, relying on the accuracy and truthfulness of the defendants’ invoices as to the quantity of gasoline delivered in separate deliveries made during that period, he overpaid $34,533.60 for 172,668 gallons of gasoline, which he contends he did not receive. On November 15, 1952, he alleges that he discovered the shortages and thereupon he notified the defendants on November 28,1952, of such shortages and overpayment. He now seeks to…