TEXAS CO. v. Z. & M. INDEPENDENT OIL CO.

No. 215, Docket 20107.

156 F.2d 862 (1946)

TEXAS CO. v. Z. & M. INDEPENDENT OIL CO., Inc.

Circuit Court of Appeals, Second Circuit.

July 9, 1946.


Attorney(s) appearing for the Case

Milbank, Tweed, Hope, Hadley & McCloy, of New York City, and Edward C. Rowe, of Hamilton, N. Y. (John A. Kelly, of New York City, Edward C. Rowe, of Hamilton, N. Y., and L. Reyner Samet and Austen B. McGregor, both of New York City, of counsel), for appellant.

Brown, Hubbard, Felt & Fuller, of Utica, N. Y. (Gay H. Brown, of Utica, N. Y., S. A. L. Morgan, of Amarillo, Tex., Alan H. Colcord, of New York City, and Kenneth W. Fuller, of Utica, N. Y., of counsel), for appellee.

Before L. HAND, SWAN, and PHILLIPS, Circuit Judges.


SWAN, Circuit Judge.

This litigation concerns an option to purchase granted under date of September 20, 1929, by Z. & M. Independent Oil Company, Inc. (hereafter called Z & M), to The Texas Company (hereafter called Texas). Texas gave notice on August 29, 1944 that it elected to exercise the option and thereafter brought the present action for specific performance of the resulting contract. Federal jurisdiction rests...

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