Werner v. Padula

The defendants, as landlords, demised unto the plaintiff, as tenant, certain real property at Coney Island, in the borough of Brooklyn, with the buildings thereon, for one year from March 1, 1898, at the rate of $2,200 for the term, payable, $1,200 on the signing of the lease, $500 on June fifteenth, and the remaining $500 on July 5, 1899. The plaintiff paid the $1,200 in advance as agreed, and on May 26, 1899, the buildings were totally destroyed by fire. The action is by the tenant to recover back the unearned portion of the rent paid, because such destruction rendered further use or…