Socony-Vacuum Oil Co. v. Texas Co.

PICARD, District Judge.

This is an action for the possession of certain lands.

Findings of Fact

In 1944, Martin Nemeth, individually, d/b/a Nemeth Oil Co., in St. Louis, Michigan, entered into an agreement with defendant, Texas Company, for distribution of Texas petroleum products.

In 1945, Martin and Mary Nemeth, his wife, on the advice of auditors and for income tax purposes, filed a certificate of co-partnership, d/b/a Nemeth Oil Co. Apparently the wife made no payment for her interest.

In 1948, defendant Texas Company entered into a new distributorship agreement with “Nemeth Oil Co.” Though…