Mobil Oil Corp. v. Thorn

258 N.W.2d 30 (1977)

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Nature of the Case

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Facts

P sued D to collect monies upon an open account for the sale of petroleum products and to terminate a service station lease agreement it had with D. D counterclaimed alleging that certain damages, including those for personal injuries, sustained D, were recoverable from P. According to the lease, P, as lessor, agreed to make any necessary repairs to the roof of the station and to keep it in good operating condition. After D's entry upon the premises, the roof of the service station began to leak and 'caused an extremely slippery condition to exist on the premises.' D notified P to repair the roof in accordance with the notice requirements under paragraph 5 of the lease agreement. P 'failed and refused to do so.' D fell and seriously injured his back on June 13, 1971. At the time of the injury, the lease was in effect. The trial court granted P's motion for summary judgment. D appealed.