ZAHN v. GULF OIL CORP.


204 Misc. 678 (1953)

Charles E. Zahn, Plaintiff, v. Gulf Oil Corporation et al., Defendants.

Supreme Court, Special Term, Kings County.

September 9, 1953.


Attorney(s) appearing for the Case

Frederick L. Scofield for Gulf Oil Corporation, defendant.

Conrad & Smith for Harmosa Oil Corporation, defendant.

Fliashnick & Liberman for plaintiff.


BRENNER, J.

Motion to dismiss plaintiff's complaint pursuant to rule 106 of the Rules of Civil Practice.

The plaintiff alleges that between November 15, 1946, and November 15, 1952, relying on the accuracy and truthfulness of the defendants' invoices as to the quantity of gasoline delivered in separate deliveries made during that period, he overpaid $34,533.60 for 172,668 gallons of gasoline, which he...

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