DUNKEL OIL CORPORATION v. INDEPENDENT OIL & GAS CO.

No. 5110.

70 F.2d 967 (1934)

DUNKEL OIL CORPORATION v. INDEPENDENT OIL & GAS CO.

Circuit Court of Appeals, Seventh Circuit.

May 21, 1934.


Attorney(s) appearing for the Case

Chester H. Farthing, of East St. Louis, Ill., for appellant.

Ralph F. Lesemann, of East St. Louis, Ill., Cecil L. Hunt, of St. Louis, Mo., and R. H. Hudson, of Bartlesville, Okl., for appellee.

Before ALSCHULER, SPARKS, and FITZHENRY, Circuit Judges.


FITZHENRY, Circuit Judge.

Appellee's demurrer to appellant's declaration was sustained. Appellant stood by its declaration and judgment was rendered by the trial court in favor of appellee. A reversal is sought. The question involved in the pleadings is whether or not appellant's declaration sufficiently charges appellee with a waiver of the method of accepting the contract contained in its provisions.

Appellant is a wholesale and retail dealer in gasoline...

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