Quincy Oil Co. v. Sylvester
Massachusetts Supreme Judicial Court
Contract upon the contract in writing described in the opinion. Writ in the District Court of East Norfolk dated August 15, 1919. On appeal to the Superior Court, the action was heard by Kail, J., without a jury, who, the parties agreeing to a statement of all the material facts in the case, reported it to this court for determination.
1Opinion of the CourtDe Courcy, J.
The plaintiff is a Massachusetts corporation, authorized by its charter “to engage in the business of selling *96petroleum products at wholesale in all its branches, and everything incidental thereto.” It maintains an oil station in Quincy, with tanks in which the gasoline purchased by it is stored, and from which delivery is made in its tank wagons. The defendants were a copartnership, engaged in the general garage business in Braintree, including the sale of gasoline at retail. Under date of November 14, 1917, the parties entered into a written agreement, by the terms of which the plaintiff…
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