HICKS, Chief Judge.
Sinclair Refining Company appeals from a judgment in the amount of $8,000 against it in favor of Walter Gutowski, appellee.
Appellee based his suit on two theories. One was that appellant had breached a written lease and the other was that it had breached an oral lease for the operation of a gasoline service station. No written lease was shown.
Recovery was had on the theory set forth both in the complaint and in the charge of the...
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