Welch v. Hood

George Rose Smith, Justice.

In 1966 E. W. Hood leased a building to Carl Welch, who used it in part as a shop for the painting of cars. The building was uninsured when it was destroyed by fire in 1969- In this action by the landlord to recover compensation for the loss, the tenant relies on this clause in the lease to exempt him from liability: “It is agreed that the Lessee shall not be liable to restore any damage caused by fire, windstorm or any other casualty beyond his control.” The case has been in this court on two earlier appeals. Hood v. Welch, 249 Ark. 1159, 463 S.W. 2d 362…