Poledor v. Mayerfield

Petition for Rehearing.

Lockyear, C. J.

The appellee in this case earnestly contends that this court erred in the original opinion in matters that we shall again review.

It is certain that the destruction of the building by fire would have put an end to the lease except for the clause covenanting to rebuild, for it has been held in the case of Metzger v. Conley, 82 Ind. App. 520, in a case where a theater building was almost completely destroyed by fire a short time before a lease therefor was to take effect, the owner was not bound to rebuild and repair the same and put it in condition for use…