Appellate Division of the Supreme Court of the State of New York June 15, 1936 (Krieger v. Sullivan County Oil Co.)

On May 24, 1928, plaintiff and defendant entered into a contract by the terms of which plaintiff agreed to purchase for a term of five years Tydol *804gasoline from defendant which defendant agreed to sell to plaintiff. The contract provided that for the first 55,000 gallons of gas defendant should charge plaintiff at the current wholesale rate.