CORY BROTHERS & COMPANY, LTD. v. UNIVERSE PETROLEUM COMPANY, LTD.

(1933) 46 Ll.L.Rep. 309

KING'S BENCH DIVISION.

Before Mr. Justice Roche.

Sale of goods-Quantity-Agreement to buy motor spirit-"Quantity: Requirements up to but not exceeding 45,000 Imperial gallons per week"-"Price: 634d. per gallon ex wharf . . . plus petrol tax . . ."-Alleged underpayment-Buyers' plea that supplies were taken under subsequent verbal agreement which provided for reduction in price to 2d. per gallon buyers to pay 238d. per gallon and to be refunded the additional 38d. per gallon "when there is a rise in prices or conditions improve" - Obligations of buyers under original agreement-Claim by buyers to refund under verbal agreement-Award that sellers' claim failed and that buyers were entitled to a refund