Legal Opinion
Shell Oil Co. v. Cy Miller, Inc.
Court of Appeals for the Ninth Circuit
Decided October 13, 1931No. 6473PublishedCited by 10 opinions
1Opinion of the Court
SAWTELLE, Circuit Judge.
The controlling question in this appeal is whether or not the payments made to the appellant by the appellee were voluntary and with full knowledge of the facts." If no fraud, duress, or mistake of fact is shown, the amount of such payments cannot be recovered, and consideration of the other issues raised becomes unnecessary.
Appellee operated a gasoline service station in Seattle. On May 28, 1928, it entered into an agreement with the appellant whereby the appellee leased to the appellant the service station and facilities, and also agreed to buy certain products of…
2Cases cited28 opinions
- Little v. BowersSupreme Court of the United States · 1890
- Railroad Co. v. CommissionersSupreme Court of the United States · 1879
- Carew v. RutherfordMassachusetts Supreme Judicial Court · 1870
- Lamborn v. County CommissionersSupreme Court of the United States · 1878
- Radich v. HutchinsSupreme Court of the United States · 1877
23 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- G. S. Johnson Co. v. N. Sauer Milling Co.Supreme Court of Kansas · 1938
- Johnson v. Igleheart Bros.Court of Appeals for the Seventh Circuit · 1938
- Commonwealth Edison Co. v. Allis-Chalmers Manufacturing Co.District Court, N.D. Illinois · 1965
- O'Connor-Bills, Inc. v. Washburn Crosby Co.District Court, W.D. Missouri · 1937
- London Homes, Inc. v. KornCalifornia Court of Appeal · 1965
5 more not listed; retrieve them via the Exa API.