Fourth Avenue Corp. v. L.P. Busch, Inc.

BUTTLER, S. J.

Fourth Avenue Corporation1 leased real property to Exxon in 1960 for the operation of a service station. When the lease terminated in 1980, Exxon sold all of the equipment at the service station, including the underground storage tank system, to Fourth Avenue. The Bill of Sale agreement provided:

“Purchaser by the acceptance of this bill of sale releases, indemnifies and agrees to save harmless seller from and against any and all claims and liability, causes of action at law or in equity, whether founded in contract, negligence or strict liability, for loss, damage or injury…