Burks v. Sinclair Refining Co.

McLaughlin, circuit judge.

This is a diversity action. In his complaint appellee sued appellant (1) upon an alleged oral agreement between them whereby appellee was to erect on his own land a gasoline service station and appellant was to deliver to the station all necessary equipment for the handling of petroleum products; (2) upon an alleged written agreement between them entered into July II, 1947, whereby appellant agreed to sell and appellee to buy gasoline and other petroleum products for one year from August Í5, 1947 to August IS, 1948 (copy of agreement attached to complaint); (3) upon…