Sun Ray Drug Co. v. Lawler

Opinion by

Mr. Justice Jones,

The action here involved is in assumpsit to recover the cost and expense to which the plaintiff company was allegedly put in repairing and restoring a certain business property whereof the plaintiff was lessee under a written lease from the defendant fiduciaries; the premises were partially destroyed by fire during the term and thereby rendered untenantable.

The lease form provided, inter alia, that “(a) In the event that the demised premises is totally destroyed or so damaged by fire or other casualty not occurring through fault or negligence of the Lessee or those…