Massachusetts Supreme Judicial Court May 20, 1925 (Taxi Service Co. v. Gulf Refining Co.)

Sanderson, J.

The plaintiff in this action seeks to recover damages for breach of a contract for the purchase and sale of gasoline. The first count is based upon a written contract; and the second upon the same contract with a *317waiver or modification of some of its terms. The answer is a general denial and an allegation of performance by the defendant.