Appellant shall recover of respondent $40 costs and disbursements of this appeal. It is uncontested that plaintiff sold to defendant some 39,000 barrels of oil. The only dispute is as to the unit price. Plaintiff claims $506,348.80 is due, while defendant contends it only owes $333,116.06. Defendant sent plaintiff a check in the lesser amount "covering payment * * * as per our agreement". Plaintiff returned the check, commenced the instant action to recover the full amount...
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