Henry H. Cross Co. v. Texhoma Oil & Refining Co.

VAN VALKENBURGH, Circuit Judge.

December 22, 1924, the Henry H. Cross Company, appellant herein, entered into a contract with the Griswold Oil Corporation of Electra, Tex., which contract was in the words and figures following:

“Contract of Sale.

“Chicago, Illinois, Dec. 22d, 1924.

“1. Seller: Griswold Oil Corporation, Electra, Texas.

“2. Buyer: Henry H. Cross Company.

“3. Destination:

“4. Goods sold: 5,500,000 gallons strictly 24-26 gravity straight reduced fuel oil, sulphur not over % of 1%, cold test.

“5 Quantity: 5,500,000 gallons.

“6. Quality:

“7. Price: 70% 38 crude as posted by Prairie Oil & Gas…