Van Wormer v. Crane
Michigan Supreme Court
Error to Muskegon. (Bussell, J.) Assumpsk. Plaintiff brings error. If a lessee covenants to repair and keep the premises in repair during the term, and redeliver without reservation in his covenant, he is bound to rebuild them if burnt down by accident, negligence or otherwise: Wood’s L. & T. 599 § 373 ; Bullock, v. Dommitt 6 Term 650; Earl of Chesterfield v. Duke of Bolton Comyn 627; Beach v. Crai/n 2 N. Y. 86; Phillips v. Stevens 16 Mass. 238; Pym v. Blackburn 3 Yes.
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Error to Muskegon. (Bussell, J.) Assumpsk. Plaintiff brings error. If a lessee covenants to repair and keep the premises in repair during the term, and redeliver without reservation in his covenant, he is bound to rebuild them if burnt down by accident, negligence or otherwise: Wood’s L. & T. 599 § 373 ; Bullock, v. Dommitt 6 Term 650; Earl of Chesterfield v. Duke of Bolton Comyn 627; Beach v. Crai/n 2 N. Y. 86; Phillips v. Stevens 16 Mass. 238; Pym v. Blackburn 3 Yes. Jr, 34; Monk v. Cooper 2 Strange 763 ; Hallett v. Wylie 3 Johns. 44; Fowler v. Bott 6 Mass. 62; McIntosh v. Lown 49 Barb. 550…
1Opinion of the CourtCooley, J.
Action of covenant broken. The covenant was contained in a lease of land upon which was a planing-mill and box factory, and by it the lessees undertook “ that they will, at tlioir own expense, during the continuance of the lease, keep the said premises and every part thereof in as good repair, and at the expiration of the term *365yield and deliver up the same in like condition as when taken, reasonable use and wear thereof and damages by the elements excepted.” The breach assigned was that the planing-mill, etc., was “wholly destroyed or consumed by fire, which said fire was- not caused by the…
2Cases cited3 opinions
- Phillips v. StevensMassachusetts Supreme Judicial Court · 1819
- Beach v. . CrainNew York Court of Appeals · 1848
- Ely v. ElyIllinois Supreme Court · 1875
3Cited by28 opinions
- Waterway Terminals Co. v. P. S. Lord Mechanical ContractorsOregon Supreme Court · 1965
- Fuchs Murane v. GoeWyoming Supreme Court · 1945
- New Hampshire Insurance Group v. LabombardMichigan Court of Appeals · 1986
- Carstens v. Western Pipe & Steel Co. of CaliforniaWashington Supreme Court · 1927
- O'Neal v. BainbridgeSupreme Court of Kansas · 1915
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