Shell Oil Co. v. Cy Miller, Inc.

The controlling question in this appeal is whether or not the payments made to the appellant by the appellee were voluntary and with full knowledge of the facts." If no fraud, duress, or mistake of fact is shown, the amount of such payments cannot be recovered, and consideration of the other issues raised becomes unnecessary.

Appellee operated a gasoline service station in Seattle. On May 28, 1928, it entered into an agreement with the appellant whereby the appellee leased to the appellant the service station and facilities, and also agreed to buy certain products of the appellant. The lease contained the following provisions, among other things:

“4. The price of gasoline purchased by the lessor as hereinabove provided, shall be (4e) four cents less than the Shell Company of California’s full market price in Seattle, Washington, which full market price is understood to be no cents higher than Shell Company of California’s posted full market price at its bulk depot at Seattle, Washington.

“5. The lessor will not at any time during the term hereof exhibit or display on said premises or in close proximity thereto, any sign fixing and/or offering gasoline for sale at a price less…