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MAGNOLIA PETROLEUM CO. v. HOWARD

No. 4292.

193 F.2d 269 (1951)

MAGNOLIA PETROLEUM CO. v. HOWARD.

United States Court of Appeals, Tenth Circuit.

December 21, 1951.

Attorney(s) appearing for the Case

Robert W. Richards, Oklahoma City, Okl. (Earl A. Brown, Ardmore, Okl., on the brief), for appellant.

A. G. Windham and George Windham, Poteau, Okl. (Foster Windham, Carlsbad, N. M., on the brief), for appellee.

Before PHILLIPS, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

Magnolia Petroleum Company entered into a contract with appellee, L. C. Howard, in which he, as consignee, agreed to sell and distribute petroleum products furnished by Magnolia. Howard had charge and control of storage tanks (a bulk plant) in Poteau, Oklahoma, where the products furnished by Magnolia were stored. There were separate underground storage tanks for kerosene, regular gasoline, ethyl gasoline and diesel oil. Howard withdrew kerosene...

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