NICHOLS v. CITIES SERVICE OIL COMPANY

No. 7630.

256 F.2d 521 (1958)

David M. NICHOLS and Olive J. Nichols, Aurora Federal Savings & Loan Association, and Pennick Corporation, Appellants, v. CITIES SERVICE OIL COMPANY, a Pennsylvania Corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 9, 1958.


Attorney(s) appearing for the Case

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

Eli Frank, Jr., Baltimore, Md. (Frank, Bernstein, Gutberlet & Conaway, Baltimore, Md., on brief), for appellee.

Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and MOORE, District Judge.


PER CURIAM.

The plaintiffs, in the District Court, sought a declaratory judgment and specific performance of a lease agreement. They had not complied with a condition precedent to the obligation of the lessee, but the theory of the complaint is that performance of the condition within the time specified had been waived by the lessee; that the lessee, by its conduct, was estopped to assert non-performance, and, under the doctrine of election, had conclusively elected...

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