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SHELL OIL CO. v. BOYER

234 Or. 270 (1963)

381 P.2d 494

SHELL OIL COMPANY v. BOYER ET UX

Supreme Court of Oregon.

Reversed May 15, 1963.

Attorney(s) appearing for the Case

William D. Campbell, Portland, argued the cause for appellant. With him on the briefs was Edgar Freed, Portland.

James R. Ellis, Portland, argued the cause for respondent. With him on the brief was Howard I. Bobbitt, Portland.

Before McALLISTER, Chief Justice, and SLOAN, O'CONNELL, GOODWIN and LUSK, Justices.

REVERSED.

GOODWIN, J.

The trial court refused to grant Shell Oil Company specific performance of an option to purchase land held under a service-station lease. Shell appeals.

1. The only question is whether the lessors pleaded and proved such equities in their behalf that the trial court was justified in refusing to enforce the lease. Ordinarily the granting of specific performance is said to be a matter of sound judicial discretion. Such discretion...

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