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SHELL OIL CO. v. MARINELLO

63 N.J. 402 (1973)

307 A.2d 598

SHELL OIL COMPANY, A CORPORATION OF THE STATE OF DELAWARE, PLAINTIFF-APPELLANT, v. FRANK MARINELLO, DOING BUSINESS AS GARDEN SHELL STATION, PLAINTIFF-RESPONDENT. FRANK MARINELLO, DOING BUSINESS AS GARDEN SHELL STATION, PLAINTIFF-RESPONDENT v. SHELL OIL COMPANY, A CORPORATION OF THE STATE OF DELAWARE, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Argued June 5, 1973.

Decided July 11, 1973.

Attorney(s) appearing for the Case

Mr. William Simon, of the District of Columbia bar, argued the cause for appellant (Mr. Michael W. Graney, of the District of Columbia bar, and Mr. Andrew S. Polito, on the brief; Mr. Michael M. Levy, Messrs. Howrey, Simon, Baker & Murchison, of the District of Columbia bar; Mr. Michael D. Loprete, Messrs. Mattson, Madden, Polito & Loprete, attorneys).

Mr. Joseph R. Mariniello, argued the cause for respondent (Messrs. Fierro, Fierro and Mariniello, attorneys).

The opinion of the Court was delivered by SULLIVAN, J.

This case involves the interpretation of a lease and a dealer agreement entered into between Shell Oil Company (Shell) and Frank Marinello (Marinello), one of its service station operators, and a determination of the extent of Shell's right to terminate such lease and agreement.

Shell, a major oil company, is a supplier of motor vehicle fuels and automotive lubricants under the trade name "Shell." It also...

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