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CUNNINGHAM v. ESSO STANDARD OIL COMPANY

118 A.2d 611 (1955)

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

Supreme Court of Delaware.

December 9, 1955.

Attorney(s) appearing for the Case

C. Edward Duffy and Stephen E. Hamilton, Jr., Wilmington (J. Pearce Cann, Wilmington, on the brief), for appellants.

Morris Cohen (of Cohen & Cohen), Wilmington (Thomas Herlihy, Jr., Wilmington, on the brief), for appellee.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

SOUTHERLAND, Chief Justice.

The question in this case is whether the Vice Chancellor should have refused to decree specific performance on the ground that the circumstances of the case made it inequitable to do so.

The facts are these:

At the time of the execution of the contract in 1940 John C. Cunningham, Jr., was operating a service station in Newark, under a rental agreement with Sinclair Refining Company. His business experience prior to this...

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