Bell Oil & Gas Co. v. A. B. A. Independent Oil & Gasoline Co.

Action to recover damages for breach of contract. Plaintiff had a verdict and judgment thereon, and defendant has appealed.

In June, 1919, the parties to this action entered into a contract, by the terms of which plaintiff sold to defendant *1910 cars of gasoline at 18% cents a gallon, to be delivered at Lincoln, Nebraska. The gasoline was to have a specific gravity of 58 to 60 . and to test not higher than 428 end point distillation; that is, when distilled, all of it must vaporize at a temperature not exceeding 428 degrees Fahrenheit. Plaintiff shipped 4 cars of gasoline to defendant. Defendant…