Vallejo v. Pioneer Oil Co. (744 S.W.2d 12, 1988)

PER CURIAM.

Edward Vallejo, III, doing business as the Super V Mini Mart, filed this action for declaratory judgment against Pioneer Oil Company. Vallejo sought a declaration of his rights and obligations under a written agreement between Pioneer and Vallejo’s predecessors in interest. This contract, entitled a “Lease and Operating Agreement,” provided that Pioneer, as “Lessee,” would install a self-service gasoline operation on the premises of a convenience store owned by “Lessors,” and that the “Lessors” would sell exclusively Pioneer’s gasoline in exchange for a percentage of the dollar sales and a fixed monthly “rent.” The “Lessors” subsequently sold the convenience store to Vallejo, who then sought to enter into an agreement with another gasoline distributor. Pioneer would not consent to this arrangement, and Vallejo sought a declaratory judgment to the effect that the agreement was not a lease, but merely a personal contract binding only upon its signatories.

The trial court agreed with Vallejo, and held that the “Lease