Powell v. TPI Petroleum, Inc.

WOLLMAN, Circuit Judge.

TPI Petroleum, Inc. (TPI), appeals from the judgment against it in a breach-of-contract case arising from TPI’s removal of four underground storage tanks (the tanks) from realty it leased from David Powell, Sr. TPI argues that, inter alia, the evidence presented in the case was insufficient to prove breach or damages. We affirm the judgment with respect to the breach issue and reverse and remand for a new trial on the damages issues.

I. Background

Over a twenty-year period beginning in April 1983, TPI and its predecessor leased realty from Powell and his predecessor for…