Standard Oil Co. v. Boyle

This action is brought to recover the purchase price of gasoline sold by plaintiff to defendant. The sale is not denied, but defendant seeks, by way of counterclaim, to offset against this indebtedness certain damages which he claims to have sustained by reason of the defective condition of a tank which was loaned him by the plaintiff for the purpose of storing gasoline. After the service of the original answer, appellant’s motion for summary judgment was granted. Respondent took advantage of the permission which was given him to serve an amended answer. The two pleadings are similar, except…