Miller v. Shell Oil Co.

FOLEY, District Judge.

The defendant company moves for summary judgment as to three separate claims set forth in the single complaint of the plaintiff. The controversy arises from a simple leasing and sub-leasing transaction of a gasoline station in the' City of Gloversville, N. Y., but it brings' with it a plethora of legal propositions. To the first claim the defendant sets up two affirmative defenses; to the second three separate defenses, and to the third one affirmative defense.

The motion is based upon the pleadings, the leases in question and the depositions of the plaintiff and two…