Ciarleglio v. Benedict Co., Inc.

This appeal concerns the interpretation of a written contract whereby the defendant agreed to sell and the plaintiff to buy gasoline for five and one-half cents under the seller’s posted retail price on third rate gas, subject to the proviso that this price would not be less than one and one-half cents per gallon over the New York harbor price for gasoline of equal quality. The posted retail price during the period involved was twelve and one-half cents, and the New York harbor price was six and one-half cents. The plaintiff purchased considerable quantities for which she was charged eleven…