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ESSO STANDARD OIL COMPANY v. CUNNINGHAM

114 A.2d 380 (1955)

ESSO STANDARD OIL COMPANY, a corporation of the State of Delaware, Plaintiff, v. John C. CUNNINGHAM, Jr., and Lydia Cunningham, his wife, Defendants.

Court of Chancery of Delaware, New Castle.

June 2, 1955.

Attorney(s) appearing for the Case

Thomas Herlihy, Jr., and Morris Cohen, Wilmington, for plaintiff.

C. Edward Duffy and J. Pearce Cann, Wilmington, for defendants.

MARVEL, Vice Chancellor.

Plaintiff seeks an order directing specific performance of a unilateral agreement made on August 8, 1940, by1 defendant, John C. Cunningham, Jr., then a single man. Plaintiff contends that having exercised its rights under the agreement, defendant and his wife must convey to plaintiff property consisting of a gasoline service station and designated equipment used in the operation of the station in return for payment...

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