McMillan v. Solomon

A. J. WALKER, C. J.-

After the commencement of a lease for one year, of certain rooms and cellars of a storehouse in a town, for the purpose of trade, the building was *357destroyed by fire, not attributed to the fault of any person. Before tbe expiration of tbe term, tbe lessor entered upon the premises without tbe consent of tbe lessee, and commenced the erection of a new building upon tbe locality of that which bad been consumed, and retained possession to tbe end of tbe term. In a charge to the jury in a suit on tbe note given for tbe rent, the court below asserted tbe proposition, that this…