Asling v. McAllister-Fitzgerald Lumber Co.

The opinion of the court was delivered by

Dawson, J.:

This was an action to cancel a lease on a lumber yard. The lessor’s grievance was that the lessee put the premises to no use, and because of want of use and occupancy the property was deteriorating, and insurance could .not be obtained. A demurrer to the plaintiff lessor’s petition was sustained and he appeals. The contract of lease, in part, recited:

*456“This indenture, Made this 8th day of September, a. d. 1921, . . .

“Witnesseth, That the said party of the first part, in consideration of the rents and covenants herein specified, does hereby…