FRIEND

v.

LIPPMAN ET AL.

Citator

Cited By

• Twin City Sportservice, Inc. v. Charles O. Finley & Co., Inc., 676 F.2d 1291 (9th Cir. 1982)
  …han a section 3 Clayton Act violation in exclusive-dealing cases. See Finley I, supra, 512 F. 2d at 1275. . Sportservice cites Shell Oil v. Marinello, 120 N.J.Super. 357, 294 A. 2d 253 (1972), aff’d, 63 N.J. 402, 307 A. 2d 598 (1973), cert. denied, 415 U.S. 920, 94 S.Ct. 1421, 39 L.Ed.2d 475 (1974) (action involving interpretation of a lease and a dealer agreement entered into between major oil company and one of its service station operators, and a determination of the extent of the oil company’s right to…
• Arnott v. The Am. OIL Co., 609 F.2d 873 (8th Cir. 1979)
  …iary duty. A New Jersey court ruled that a franchise existed between tenant-dealer Marinello and landlord Shell Oil Co. in Shell Oil Co. v. Marinello, 120 N.J.Super. 357, 294 A. 2d 253 (1972), aff’d, 63 N.J. 402, 307 A. 2d 598 (1973), cert. denied, 415 U.S. 920, 94 5. Ct. 307, 39 L.Ed.2d 475 (1974). The fact that Shell here asserts its rights as a landlord to terminate a lease is not the end of the inquiry. It is now recognized that a lease is simply a species of contract which happens to concern real est…

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• Tymshare, Inc. v. Covell, 727 F.2d 1145 (D.C. Cir. 1984)
  …upp., 1982), which treats as one of the leading cases on the obligation of good faith an opinion which simply strikes down certain contractual provisions as unconscionable, Shell Oil Co. v. Marinello, 63 N.J. 402, 307 A. 2d 598 (1973), cert, denied, 415 U.S. 920, 94 S.Ct. 1421, 39 L.Ed.2d 475 (1974). . See, for example, the latest revision of Corbin on Contracts §§ 654A-I (Kaufman Supp. 1982), which suggests that the contours of the doctrine of good faith performance are shaped by “the needs of commerce in…