Standard Oil Co. of Kentucky v. Gunn

BROWN, Justice.

The case was submitted to the jury on the issues presented by counts A, B, D, and F, and defendant’s pleas of the general issue pleaded in short by consent, with leave to offer evidence any matter of defense. Counts A and F are in assumpsit for breach of contract; and B and D in • case for fraud and deceit in the sale to the plaintiff of motor lubricating oil for ' use in plaintiff’s automobile, at defendant’s filling station.

The plaintiff offered evidence tending to show that he entered into a contract with one Wilson, an agent or servant of the defendant in Birmingham, Ala.,…