Damon v. Sun Co.

87 F.3d 1467 (1996)

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Damon v. Sun Co.

United States Court of Appeals for the First Circuit
87 F.3d 1467 (1996)

Facts

Sun Oil Company (Sun Oil) (defendant) built and ran a gasoline station. One day in 1974, a ruptured pipe caused the underground oil pipes to leak about 2,000 gallons of gas. In 1979, Roy and Eleanor Damon (plaintiffs) asked the manager of the gas station whether there had been issues with the tanks. The manager denied any issues even though he knew of the leak. The Damons then purchased the property. In 1991, the Damons leased the property to K. Rooney, Inc. (Rooney). Rooney began upgrading the property and discovered gas pooling at the excavations. Rooney withheld rent. The Damons brought suit against Sun Oil for misrepresentation. The trial court found in favor of the Damons. Sun Oil appealed.

Rule of Law

Issue

Holding and Reasoning (Torruella, C.J.)

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