Barbour v. Waterston

Plaintiffs bring this action to recover rental payments from defendant, their tenant, under a written lease of a four-story brick building, located at 427 Woodward avenue, in the city of Detroit. The case was tried by the court without a jury and, at its conclusion, the trial judge found for plaintiffs. Prom the judgment entered, defendant appeals.

The lease contained the following provision:

“It is agreed that in case the building is injured or' destroyed by fire' in whole or in part during the period of this lease, the parties of the first part shall forthwith repair and restore the same to a…