Esso Petroleum Company (Ireland) Ltd v Fogarty

• Jurisdiction: Ireland
• Judgment Date: 21 December 1965
• Date: 21 December 1965
• Docket Number: (1965. No. 2289 P.)
• Court: Supreme Court

(S.C.)

Esso Petroleum Co. (Ireland) Ltd

and

Fogarty

Breach of contract - Solus agreement - Agreement by defendant to deal exclusively in petrol supplied by plaintiffs - Sub-demise by defendant of petrol pumps and tanks - Preservation of status quo -Extent of damage to plaintiffs.

By agreement, dated the 21st April, 1964, the defendant agreed to purchase his total requirements of motor fuel at his service station exclusively from the plaintiff Company for a period of five years from the date of the agreement, and not to sell, or offer to sell, the service station or the business carried on therein during the said period without first giving the...