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ABERCROMBIE v. DAVIES

125 A.2d 588 (1956)

James S. ABERCROMBIE, Phillips Petroleum Company, a corporation, and Sunray Oil Corporation, a corporation, Plaintiffs, v. Ralph K. DAVIES, Signal Oil and Gas Company, a corporation, The Hancock Oil Company, a corporation, The Globe Oil and Refining Company, a corporation, Lario Oil and Gas Company, a corporation, Ashland Oil & Refining Company, a corporation, Deep Rock Oil Corporation, a corporation, Samuel B. Mosher, Garth L. Young, John W. Hancock, J. Howard Marshall, Harold A. Black, Francis L. Jehle, Rexford S. Blazer, Sandford M. Burnam, American Independent Oil Company, a corporation, and Security First National Bank of Los Angeles, California, a corporation, Defendants.

Court of Chancery of Delaware, New Castle.

September 28, 1956.

Attorney(s) appearing for the Case

John J. Morris, Jr., of Morris, James, Hitchens & Williams, Wilmington, and Joseph W. Moore, of Fouts, Amerman & Moore, Houston, Tex., for plaintiff, James S. Abercrombie.

Robert H. Richards, Jr., and Stephen E. Hamilton, Jr., of Richards, Layton & Finger, Wilmington, for plaintiffs, Phillips Petroleum Co., and Sunray Oil Corp.

Richard F. Corroon and David F. Anderson of Berl, Potter & Anderson, Wilmington, and Francis M. Shea and Warner W. Gardner of Shea, Greenman, Gardner & McConnaughey, Washington, D. C., for defendants, Signal Oil and Gas Co., The Hancock Oil Co., Lario Oil and Gas Co., Ralph K. Davies, The Globe Oil and Refining Co., Samuel B. Mosher, Garth L. Young, John W. Hancock, Harold A. Black, Francis L. Jehle, and J. Howard Marshall.

William Duffy, Jr., Wilmington, for defendant, American Independent Oil Co.

Defendants Ashland Oil and Refining Co., Deep Rock Oil Corp., Rexford Blazer, Sandford M. Burnam and Security First Nat. Bank of Los Angeles, Cal., made no appearance.

SEITZ, Chancellor.

The parties are in characteristically vigorous disagreement as to the form of order or judgment which should be entered on the three opinions filed in connection with plaintiffs' motion for summary judgment. See Abercrombie v. Davies, Del.Ch., 123 A.2d 893. This is the decision thereon.

Plaintiffs' complaint asserts only one claim — the invalidity of the Agents' Agreement. Three independent grounds...

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