Nott-Atwater Co. v. Berry

The plaintiff, a corporation, brought this suit against the defendants, doing business under the trade name of Penn Oil Company, claiming that, in pursuance of an oral contract, it sold to them certain lubricating oil, and that there was a balance due of $833.52. The defendants answered, claiming certain credits and offsets, and the cause was tried to the court with a jury.

Both sides admit that the arrangements made and the contract entered into, whatever its terms, was oral. There seems to be little dispute about many of the salient features of the contract, which provided that the…