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ABERCROMBIE v. DAVIES

133 A.2d 920 (1957)

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.

June 28, 1957.

Attorney(s) appearing for the Case

John J. Morris, Jr., of Morris, James, Hitchens & Williams, Wilmington, and Joseph W. Moore, of Fourts, Amerman & Moore, Houston, Tex., for plaintiff James 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 & Gas Co., Hancock Oil Co., Lario Oil & Gas Co., Ralph K. Davies, Globe Oil & 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.

No appearance for defendants Ashland Oil & Refining Co., Deep Rock Oil Corp., Rexford Blazer, Sandford M. Burnam and Security First Nat. Bank of Los Angeles, Cal.

SEITZ, Chancellor.

Plaintiffs, non-parties to a so-called Agents' Agreement ("Agreement") filed this action attacking the validity of the Agreement. Certain of the defendants answered and some three of them (Signal Oil and Gas Company, Hancock Oil Company, and Lario Oil and Gas Company) also filed a counterclaim against plaintiffs. For convenience the counterclaimants will be referred to as "defendants". The Agreement was ultimately held invalid by the Supreme Court...

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