Donaldson v. Mona Motor Oil Co.

DEYAWEY, Chief Justice.

In 1929 plaintiff, the owner of certain oil service station, garage, and other properties, leased the same, together with tools and equipment situated thereon, to defendant, Mona Motor Oil Company, for a term of five years. In the lease it was provided that

“upon the termination of the tenancy the lessee agrees to deliver possession of said property to the lessor in as good condition as it now is, reasonable wear and tear, or injury not occasioned by its negligence excepted.”

In 1932, after about three years of the five-year term had run, defendant became in default in…