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TEXACO, INC. v. GARDNER

No. 13066.

508 P.2d 529 (1973)

29 Utah 2d 261

TEXACO, INC., Plaintiff and Appellant, v. Hugh GARDNER, dba Wholesale Gasoline Market, Defendant and Respondent.

Supreme Court of Utah.

March 30, 1973.

Attorney(s) appearing for the Case

Golden W. Robbins, Salt Lake City, for plaintiff and appellant.

Paul N. Cotro-Manes, Salt Lake City, for defendant and respondent.

TUCKETT, Justice:

The plaintiff commenced this action in the court below seeking to recover the purchase price of a railroad carload of motor oil. From an adverse judgment of the district court, the plaintiff has appealed.

For some years prior to 1965, the defendant had been a customer of the plaintiff and had made numerous purchases of motor oil from the plaintiff. During the month of June 1965, the defendant ordered...

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