Taxi Service Co. v. Gulf Refining Co.

The plaintiff in this action seeks to recover damages for breach of a contract for the purchase and sale of gasoline. The first count is based upon a written contract; and the second upon the same contract with a *317waiver or modification of some of its terms. The answer is a general denial and an allegation of performance by the defendant.

The contract provided that the defendant was to sell and deliver and the plaintiff to purchase and receive gasoline for use in its plant at 51 Lansdowne Street, Boston. The terms were in part as follows: “quantity — Gallons maximum 500,000 gallons minimum…