Frank v. Fitz Enterprises, Inc.

Plaintiff owned what had been a gasoline service station. Defendant operates cardlock stations. Plaintiff contacted defendant’s president, Fitz, and began negotiations with him. Defendant agreed to lease the property from plaintiff, who agreed to remodel and pay for converting the station to a cardlock operation; defendant agreed to finance the improvements. The station opened, but it never reached the anticipated sales level of 15,000 gallons a month. The parties became embroiled in disputes, and defendant refused to provide the promised financing.

Plaintiff then brought this action for…