Coalinga Pacific Oil & Gas Co. v. Associated Oil Co.

This is an action to recover the sum of $2,251.95 for 11,852.40 barrels of petroleum at nineteen cents per barrel, being the balance due on a contract by the terms of which plaintiff agreed to sell and defendant to buy 300,000 barrels of petroleum. For a second cause of action plaintiff claims the further sum of $3,597.62, alleged to be due for 8,994.06 barrels of petroleum sold and delivered to defendant by plaintiff under a contract entered into on or about January 28, 1908, at the rate of forty cents per barrel.

Defendant denies that plaintiff delivered any petroleum greater in amount than 250,138.24 barrels of oil; denies the alleged indebtedness or any indebtedness to plaintiff on account of the first alleged cause of action; denies that it entered into any contract with plaintiff on or about January 28, 1908, or at all, and denies any indebtedness to plaintiff on account of any such contract as is alleged. By way of cross-complaint, defendant alleges the execution of the contract referred to in plaintiff’s first cause of action; that plaintiff delivered thereunder 250,138.24 barrels of crude petroleum and no more and has failed and refused to deliver the balance due on said…