SHELL OIL CO. v. McGRAW


48 A.D.2d 220 (1975)

Shell Oil Company, Appellant-Respondent, v. Lawrence McGraw et al., Respondents-Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 30, 1975


Attorney(s) appearing for the Case

Costello, Cooney & Fearon (Donald L. Nichols of counsel), for appellant-respondent.

Lombardi, Devorsetz, Stinziano & Smith (Yaffee & Yaffee, by Victor Hershdorfer, of counsel), for respondents-appellants.

MOULE, J. P., CARDAMONE, MAHONEY and GOLDMAN, JJ., concur.


SIMONS, J.

Plaintiff agreed to lease defendants' land in Camillus, New York, for a gas station site. The cost of constructing the station was to be loaned to defendants by Shell and the debt satisfied by rental paid under the lease. In furtherance of this arrangement, the parties executed a financing agreement by which plaintiff was to loan up to $112,037.00 in periodic advances upon the condition precedent that defendants submit proof satisfactory to...

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