Texas Co. v. Christian

HUTCHESON, Circuit Judge.

Appellee, plaintiff below, lessee and operator of a gasoline filling station leased from appellant, following the Alabama practice of suing in many counts, beginning with counts 1, 2, and 3, and winding up, after dismissals with counts 9, 10, 11, 12, 13 and 14, put forward for recovery three separate and distinct claims.

One of these was that the underground tanks on the leased premises were when leased to him leaking and full of holes, that this condition was latent and undisclosed, and defendant knew of it while plaintiff did not, that as a result thereof he lost…