Sun Oil Company, as Successor by Merger to Sunray Dx Oil Company v. Vernie Fleming

JONES, Circuit Judge:

Sun Oil Company, the appellant, is a New Jersey corporation and is successor by operation of a corporate merger to Sunray DX Oil Company. In 1959 Frank Cunningham leased a service station in Wagoner, Oklahoma, for a six year term to Sunray. In 1962 Cunningham sold the premises to Vernie Fleming. In 1963 Fleming made a new lease to Sunray for five years with options to renew for two successive five year terms. Sunray made an operators lease back to Fleming on a month-to-month basis. The rental under both was fixed by the quantity of gasoline sold. On January 27, 1964,…