National Oil Company v. Phillips Petroleum Company

MEMORANDUM OPINION IN SUPPORT OF ORDER GRANTING DIRECTED VERDICT

JAMES E. DOYLE, District Judge.

Viewed most favorably to the plaintiff, the evidence received at the trial may be summarized as follows:

For about 17 years prior to May 31, 1963, plaintiff National had been a jobber for defendant Phillips. The jobbership was the subject of a year to year contract terminable by either party as of May 31, by giving 90 days notice. Despite this rather insecure contractual base, National was prepared to, and did, make rather substantial investments in land, buildings, tanks, and equipment. The value of…