Jacoby v. Shell Oil Co.

DUFFY, Circuit Judge.

Plaintiff brought this action seeking damages and equitable relief. Count 1 of the amended complaint is for damages for breach of a written lease' or for breach of an oral agreement to make such lease; Count 2 is in tort for damages for alleged wrongful refusal of defendant to perform said lease agreement or agreement to make said lease and for defendant’s wrongful conduct in violating a fiduciary duty owed by defendant to plaintiff; Count 3 seeks a declaration of a constructive trust in certain real estate located in Alton, Illinois, and for specific performance of said…