Gulf Oil Corporation, a Pennsylvania Corporation v. Lydia Chiodo

804 F.2d 284, 1986 U.S. App. LEXIS 33002
CourtCourt of Appeals for the Fourth Circuit
DecidedNovember 3, 1986
Docket85-2150
StatusPublished
Cited by6 cases

This text of 804 F.2d 284 (Gulf Oil Corporation, a Pennsylvania Corporation v. Lydia Chiodo) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gulf Oil Corporation, a Pennsylvania Corporation v. Lydia Chiodo, 804 F.2d 284, 1986 U.S. App. LEXIS 33002 (4th Cir. 1986).

Opinions

HAYNSWORTH, Senior Circuit Judge:

This is an action in the diversity jurisdiction for the specific performance of a purchase option contained in the lease of an automobile service station. Upon consideration of cross motions for summary judgment, the district court granted the defendant’s motion, holding that the fixed price purchase option was extinguished by the lessee’s failure to exercise another option of first refusal after the lessor informed it of the receipt from a third party of an offer to purchase for an amount much higher than the fixed price option figure.

We conclude the judgment should have gone the other way.

I.

In October 1965, Mrs. Chiodo and her late husband entered into a lease agreement with American Oil Company upon a printed form prepared by American Oil. The lease was for a term of five years with three five-year renewal options at increasing rental rates. Each of the three renewal options was exercised, and the ultimate expiration date became October 31, 1985.

In June 1982, Gulf Oil acquired American Oil’s operations in West Virginia, and succeeded to its rights as lessee of the Chiodo property.

The lease contained a “dual-option” provision, the full text of which, in relevant part, is printed in the margin.

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Bluebook (online)
804 F.2d 284, 1986 U.S. App. LEXIS 33002, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gulf-oil-corporation-a-pennsylvania-corporation-v-lydia-chiodo-ca4-1986.