Byerly Motors, Inc. v. Phillips Petroleum Co.

STANLEY, Commissioner.

This action was filed July 18, 1952, by Phillips Petroleum Company against Byerly Motors, Inc., Mary Alice Byerly and her husband, Clifford F. Byerly, to recover possession of part of a city lot and damages for trespass and lost profits. The case followed a leisurely course due, in part, to the death of some of the attorneys. It was finally resolved into the question of the rights of' the parties to premises covered by overlapping leases. A judgment for the plaintiff is appealed by the defendants.

In April, 1938, F. C. Garvey, the owner, leased to Phillips a triangular…