Day Wood Heel Co. v. Rover

This action is based upon an alleged breach of a contract of lease to deliver up the premises, at the end of the term, in as good order as they were at the time of the execution of the lease, “damage by fire and other unavoidable casualty excepted.”

It may here be noted that two actions were instituted between the same parties, growing out of the destruction by fire of the leased premises — this action and one in tort. The discussion of this ease will be confined to the alleged breach of the covenant of the lease, without prejudice to the rights of the parties in the action ex delicto pending…