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Foley v. Classique Coaches Ltd.
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Foley v. Classique Coaches Ltd CASE CITATION: [1934] 2 KB 1, ALL ER Rep.88 COURT: COURT OF APPEAL JUDGES: Lord Scrutton, Greer and Maugham DATE: 15th and 16th March 1943 FACTS: The claimant agreed to sell a piece of land to defendant, where he had also built a petrol station. The sale was made subject to the defendant entering a second agreement, which was executed on the same day, to purchase all the petrol they required for their business. The second agreement was on the basis of purchasing all the plaintiff's petrol that they required for the defendants business 'at a price to be agreed by the parties from time to time' and only if the plaintiff was unable to deliver them with sufficient petrol should the defendant purchase petrol from elsewhere. The plaintiff who was a retailer dealer in petrol, contracted to supply the defendants, who ran a coach business, with all the petrol they required. No such...
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