Duvanel v. Sinclair Refining Co.

The opinion of the court was delivered by

Price, J.:

This is an appeal from an order sustaining a demurrer to an amended petition in an action brought to recover damages for failure of defendant lessee to restore certain real property owned by plaintiff to its original condition when possession of it was surrendered by defendant, after it had been used as a tank and pump station site under a written lease authorizing the property to be used for that purpose.

The basic question is whether, under the terms of the lease contract, such duty to restore was incumbent upon defendant company.

On January…