Ennis-Baynard Petroleum Co. v. Plainville Mill & Elevator Co.

The opinion of the court was delivered by

Dawson, J.:

This was an action to recover an alleged balance due on the purchase price of six cars of fuel oil, delivered pursuant to a contract wherein plaintiff had agreed to furnish defendant with a year’s supply of four carloads per month. A cross action by defendant for damages for plaintiff’s failure to perform its contract was also involved.

Defendant prevailed in its defense to plaintiff’s action and also in its cross action for damages.

Plaintiff assigns various errors, which will be noted:

As a justification for terminating its contract,…