Whaling v. Little Piney Oil Co.

FLANIGAN, Judge.

This is an action for damages for breach of an oral agreement, allegedly made by defendants in 1975, to execute a written lease for a term of eight years commencing August 1, 1975. Plaintiffs, as lessees, entered into possession of premises, owned by the defendants,1 and operated a service station there for approximately two and one-half years until plaintiffs were “evicted” by defendants in January 1978. The trial court sustained defendant’s motion for summary judgment and the propriety of this ruling is attacked by the appealing plaintiffs.

Defendants’ motion for summary…