Lavon Y. Minshew v. Chevron Oil Company - Supreme Court Of Utah

Lavon Y. Minshew v. Chevron Oil Company

By Supreme Court Of Utah

  • Release Date - Published: 1978-01-30
  • Book Genre: Law
  • Author: Supreme Court Of Utah
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Lavon Y. Minshew v. Chevron Oil Company Supreme Court Of Utah read online review & book description:

HALL, Justice: Defendants City Improvement Company, hereinafter referred to as "City," and Merrill Bean Chevrolet, Inc., hereinafter
referred to as "Bean," appeal from a declaratory judgment construing the provisions of a lease and sublease of commercial
property situated in Ogden, Utah. Defendant, Chevron Oil Company, hereinafter referred to as "Chevron" was dismissed from
the action on stipulation. The matter was presented to the court on stipulated facts abstracted as follows: In 1957 City's predecessor leased the premises
to Chevron's predecessor for a term extending through November 30, 1979, granting four successive renewal options of five
years each. Chevron was required to construct and operate a service station on a portion thereof, but was permitted to sublease
the unused portion. In 1965 that portion was subleased to plaintiffs, hereinafter referred to as "Minshew," who then constructed
and operated a "Sizzler" restaurant thereon. Paragraph 6 of the sublease provided Minshew with a five-year option of renewal
conditioned upon Chevron's exercise of a similar renewal option in the prime lease. Paragraph 7 thereof provided Mineshew
with three additional consecutive renewal options on like terms. Paragraph 19 provided Minshew with a further option to assume
Chevron's position in the prime lease by an assignment in the event Chevron chose not to exercise its options to renew. City
refused to accept the terms of Minshew's sublease but did not communicate any objection to Minshew. Chevron ceased operating
its service station but continued its rental payments for six months thereafter and they were accepted by City. Chevron and
City thereafter negotiated a lease cancellation, City receiving $10,000, a transfer of the improvements placed on the premises
by Chevron, and an assignment of the Minshew lease which City agreed to honor. Upon notification of the agreement, Minshew
demanded an assignment from Chevron of its option rights and it in turn passed the demand on to City which expressed an intention
to honor the sublease provision. At about the same time City transferred its interests in the premises to Bean and it refused
to honor the option rights claimed.

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