NICHOLS v. CITIES SERVICE OIL COMPANY

Civ. A. No. 9746.

157 F.Supp. 554 (1957)

David M. NICHOLS and Olive J. Nichols, Aurora Federal Savings & Loan Association, a corporation duly incorporated under the laws of the United States of America, Pennick Corporation, a Maryland corporation, v. CITIES SERVICE OIL COMPANY, a Pennsylvania corporation.

United States District Court D. Maryland, Civil Division.

December 23, 1957.


Attorney(s) appearing for the Case

George E. Brown, Jr., Baltimore, Md., for plaintiffs.

Frank, Bernstein, Gutberlet & Conaway, Eli Frank, Jr., and C. Stanley Blair, Baltimore, Md., for defendant.


THOMSEN, Chief Judge.

Plaintiffs seek specific performance of a lease agreement and other relief. The term of the lease was twenty years, to commence upon the performance by plaintiff landlords of a condition precedent, namely, the completion within ten months from the date of the agreement of a gasoline service station which plaintiff landlords agreed to build on the site. The building was not completed within ten months; defendant elected not to exercise an option...

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