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NICHOLS v. CITIES SERVICE OIL COMPANY

No. 7889.

273 F.2d 415 (1960)

David M. NICHOLS, Olive J. Nichols and Pennick Corporation, Appellants, v. CITIES SERVICE OIL COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 7, 1960.

Attorney(s) appearing for the Case

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

Howard H. Conaway, Baltimore, Md. (Eli Frank, Jr., and George Gump, Baltimore, Md., on brief), for appellee.

Before SOBELOFF, Chief Judge, and SOPER and BOREMAN, Circuit Judges.

PER CURIAM.

This action for specific performance and declaratory judgment was brought by owners of land who agreed with an oil company to construct a filling station thereon, and to lease the property upon agreed terms. A provision in the contract required the owners to complete construction within ten months; otherwise the oil company should have the option, to be exercised within sixty days, to complete the work and take...

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