McCLURE v. SUN OIL CO., 297 Mich. 261 (1941)

297 N.W. 484

McLURE v. SUN OIL CO.

Docket No. 55, Calendar No. 41,318.Supreme Court of Michigan.Submitted January 14, 1941.
Decided April 8, 1941.

Appeal from Gladwin; Shaffer (John C.), J. Submitted January 14, 1941. (Docket No. 55, Calendar No. 41,318.) Decided April 8, 1941.

Page 262

Bill by Grace S. McClure against Sun Oil Company, a corporation, for an accounting and injunctive relief. Bill dismissed. Plaintiff appeals. Reversed and remanded for further proceedings.

Alfred P. Pierson (Frank A. Rockwith, of counsel), for plaintiff.

Theodore G. Bowler (Effier Eastman, of counsel), for defendant.

Otto, Holland Otto, for John Salla and Helen Salla, intervening petitioners.

BOYLES, J.

This is an appeal from a decree dismissing plaintiff’s bill of complaint on motion by defendant. The questions involved are the same as those in McClure v. Rex Oil Gas Co., ante, 255. We adopt the opinion therein as controlling of the instant case.

The decree entered herein is vacated and the cause remanded for further proceedings in accordance herewith. Costs to appellant.

SHARPE, C.J., and BUSHNELL, CHANDLER, NORTH, McALLISTER, WIEST, and BUTZEL, JJ., concurred.

Page 263

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