State Ex Rel. State Highway Commission v. City Service Co.

This is an appeal from a jury award for the defendants in a condemnation action brought by the State, the plaintiff and appellant here.

Defendant City Service Company owned a tract of land abutting the intersection of U. S. Highway No. 2 and Evergreen Road, north of Kalispell. This property, containing a service station, was acquired by the company in 1951, leased to defendant Barrett in 1954 and remodeled by the Company in 1955.

The lease provided that Barrett would pay one cent for every gallon of gasoline sold in addition to $25 per month rent. The primary term was one year from December 13,…