Reuben Klein and Elaine D. Klein v. Shell Oil Company, a Corporation

MATTHES, Circuit Judge.

This appeal by plaintiffs below presents for our determination the single question whether the district court erred in failing to grant plaintiffs a jury trial. The basic issue, however, underlying the propriety of the court’s denial of a jury trial is whether plaintiffs’ lawsuit is, as they characterize it, a legal action to recover upon a debt arising out of a'fully executed contract for the sale of real estate, or, as defendant contends, merely an equitable action for specific performance of an executory contract, pursuant to an option agreement. We shall hereinafter…