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HANCOCK OIL CO. v. McCLELLAN

Docket No. 20789.

135 Cal.App.2d 667 (1955)

288 P.2d 39

HANCOCK OIL COMPANY (a Corporation), Respondent, v. G.W. McCLELLAN et al., Appellants.

Court of Appeals of California, Second District, Division Two.

September 27, 1955.

Attorney(s) appearing for the Case

Garber & Garber and Monta W. Shirley for Appellants.

McCutchen, Black, Harnagel & Greene, Lynn O. Hossom and Havelock Fraser for Respondent.

MOORE, P.J.

Respondent sued on a book account for a balance due for petroleum products sold and delivered to appellants prior to November 13, 1951. It was awarded the sum of $17,895.44.

A general denial was followed by a special defense pleaded and now urged, to wit, that at the times of the sales "it was the custom and usage in the petroleum industry ... in connection with the sale of petroleum products by refineries ...

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