Regan v. Moyle Petroleum Co.

FOSHEIM, Chief Justice.

Moyle Petroleum Company (Moyle) appeals from an adverse verdict awarding damages for breach of a lease of real and personal property. We reverse and remand.

For twenty years Moyle leased a service station and various equipment from plaintiffs. Shortly before possession of the premises and equipment were to be returned by Moyle, a dispute arose concerning the leased property. The roof needed repair and several items of personal property were unavailable for return. Plaintiffs sued for damages and the jury awarded $12,300.00. The trial court allowed prejudgment interest,…