Shaw v. Mobil Oil Corp.

272 Or. 109 (1975)

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Nature of the Case

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Facts

Shaw (P) and Mobil (D) entered into a lease that required P to pay as rent, 1.4 cents per gallon of gasoline delivered. The minimum rental of the property was $470 per month, and in order for the rent per gallon to equal the minimum rental per month, D was required to deliver 33,572 gallons per month. In July 1973, P ordered 34,000 gallons, but D delivered only 25,678 in that D was complying with a request to allocate existing supplies of gasoline between dealers because of the Arab Oil Embargo and the request of the Federal Energy office. D demanded the balance of the rent due. P sued for a declaratory judgment, and the trial court gave the verdict to D. P appealed.