Western Petroleum Co. v. Tidal Gasoline Co.

EVAN A. EVANS, Circuit Judge.

This writ of error is prosecuted to review a judgment in favor of plaintiff for $170,624.80.

Plaintiff, Tidal Gasoline Company, an Oklahoma corporation, on October 22, 1918, contracted to sell defendant, Western Petroleum Company, an Illinois corporation, 10,000,000 gallons of gasoline, delivery to extend from date of contract to December 31, 1919. Terms of payment were as follows:

“(The price per wine gallon of said gasoline shall be three and one-half (3%) cents in buyer’s cars, under the Standard Oil Company’s tank wagon price, f. o. b. point of delivery, 0 * 0…