Boronskis v. Texas Co.

In this action of tort the jury returned a verdict for the plaintiffs, and the case comes here on the defendant’s exceptions.

There was evidence of the following: The plaintiffs owned and operated a diner in Stoughton which was adjacent to a gasoline station owned by the defendant and leased to one Zumas who ran the station. The lease provided that the repairs and maintenance of the station were the responsibility of the lessee. However, during the period of the lease (about fourteen years) the defendant had voluntarily attended to virtually all of the repairs without any charge to Zumas. An…