Waxler v. Humble Oil & Refining Co.

OPINION

SISK, Justice.

Defendant, Plumble Oil & Refining Co., hereafter referred to as Humble, appeals from a judgment awarding damages to plaintiffs, James H. and Helen W. Waxier, hereafter referred to as Waxier, for breach by Humble of a service station lease agreement.

In February, 1962, Plumble leased from Waxier, for use as a service station, certain land and improvements, together with all rights and appurtenances thereto, which had previously been operated by Waxier as a service station. Prior to execution of the lease, both parties knew that there existed a New Mexico State Highway…