' Fill her up' implied a contract
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• A High Court judge was told on Tuesday that a 20-ton diesel lorry was given diesel fuel adulterated with petrol when the driver said to a pump attendant "fill her up".
Mr. Justice Roskill said it seemed -quite plain"that with a lorry of that description, what was wanted was diesel fuel and not petrol.
Even though the driver just said "fill her up". it seemed that there was a contract for the sale of enough diesel fuel to fill up the lorry's two tanks, said the judge.
. He was giving judgment on liability in an action brought by the lorry's owners, Service Transport Ltd., of Commercial Road, Southampton, who had alleged breach of contract.
Mr. Michael Gettleson, counsel for Service Transport, said the lorry had been given adulterated fuel at a Birmingham filling station in May 1964. The fuel had caused the engine to overheat and the en'gine had been damaged.
They had sued St. Andrews Garages Ltd., of Watery Lane. Birmingham 9, operators of the petrol station, and Shell-Mex and BP Ltd., as suppliers of motor fuel oils, who both denied breach of contract.
The judge accepted that soon afterwards the pump attendant realized his mistake in putting petrol as well as diesel fuel into the tanks and told the lorry driver. But the driver went off, no doubt "hoping for the best".
The judge held there was a breach of contract to supply diesel fuel.
The defendants said that having accepted the fuel, Service Transport had waived the right to a claim for damages for breach of contract. But Mr. Justice Roskill held there was a plain breach of contract.
After an adjournment the judge was told that the damages issue had been settled and he gave judgment for Service Transport for £200 by consent against St. Andrews Garages and Shell-Mex and BP. No order was made as to costs.
The judge was told that Service Transport. who at the time operated a fleet of heavy lorries, was in liquidation and the action had been carried on by a receiver for a debenture holder.