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McNUTT OIL & REFINING COMPANY v. D'ASCOLI

No. 5829.

79 Ariz. 28 (1955)

281 P.2d 966

McNUTT OIL & REFINING COMPANY, a Texas Corporation, Appellant, v. Frank D'ASCOLI, Rose C. D'Ascoll, Ralph A. D'Ascoll, and Jean M. D'Ascoll, Appellees.

Supreme Court of Arizona.

Rehearing Denied May 3, 1955.

Attorney(s) appearing for the Case

Merchant & Parkman, Lee H. Brown, Tucson, for appellant.

Robert D. Stauffer, Harry L. Buchanan, Tucson, for appellees.

PHELPS, Justice.

This cause of action arose out of a contract of sale and purchase entered into between Bruno Gajewski and his wife and Frank D'Ascoli and Ralph D'Ascoli and their wives on or about the 25th day of August, 1949. The subject of the transaction was a service station located in Tucson, Arizona. At the time of the sale the Gajewskis were handling "Dixie" gas sold and distributed by the defendant McNutt Oil Company. In said agreement the

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